Community Policies
APARTMENT INCOME REIT CORP.
TERMS OF USE AGREEMENT
Welcome to the website for Apartment Income REIT
Corp. collectively, with its subsidiaries and affiliates, “AIR
Communities,” “we,” or “us”). Your use of our website located at
www.AIRCommunities.com (the “Site”) or any of the services offered
on the Site (the “Services”) is subject to these Terms of Use (the
“Terms”). Your use of the Site constitutes your binding acceptance
of these Terms, including any modifications made to the Terms. Read
these terms carefully and completely as they set forth your rights
and obligations with respect to your use of the Site. If you do not
wish to be bound by the Terms, you may not access or use the
Site.
Acceptance of the Terms. AIR
Communities is pleased to provide the information on the Site
conditioned upon your acceptance, without modification, of the
terms, conditions and notices comprising the Terms. The Terms
may be updated and modified by us from time to time without notice
to you by posting revised Terms on the Site. You can review
the most current version of the Terms at any time by clicking on
the "Terms of Use" link from the footer of any page on the
Site. We hope that you will find the information provided on
the Site informative and useful. Please feel free to e-mail
us with your thoughts about the Site or to request more information
about AIR Communities.
AIR Communities has the right, but not the obligation, to take any
of the following actions without providing any prior notice to
you:
(1) change or terminate all or any part of our
Services;
(2) restrict or terminate your access to all or any
part of our Services; or
(3) refuse, move, or remove any content that is
available on the Site and any material that you submit to the
Site.
Access to the Site. AIR Communities is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be 18 years of age or older to register for and/or use the Site. If you do not qualify, please do not use the Site. AIR Communities reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion. Further, AIR Communities reserves the right refuse to provide the Services and/or to cancel any service requests at any time in its sole and absolute discretion.
User Obligations. In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if AIR Communities has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, AIR Communities has the right to refuse any and all current or future use of the Site (or any portion thereof).
Account and Password Security. Depending upon the Services you seek to access on the Site, AIR Communities may request that you register on the Site and set up an account and password. 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 are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. 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 agree to: (i) immediately notify AIR Communities of any unauthorized use of your password or account or any breach of security, (ii) immediately change your password if you become aware that your account has been compromised, and (iii) ensure that you fully exit from your account at the end of each session. 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. AIR Communities cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Text Message Communications. AIR Communities provides you with the ability to receive information, updates, reminders, and other messages via text message (“Text Message Communications”). By providing your mobile phone number to opt-in to Text Message Communications, you agree to the additional terms in this section. You opt-in to Text Message Communications by sending a text to the number provided by AIR Communities. Once you have opted-in, you will continue to receive Text Message Communications until you opt out. You can opt out of Text Message Communications at any time by replying STOP.
Message and data rates may apply.
By opting-in to Text Message Communications from a mobile telephone number, you are representing to AIR Communities that the mobile number from which you have opted-in is one for which you are authorized to provide consent to receive mobile messages from AIR Communities and to allow AIR Communities to provide Text Message Communications. You agree that if and before you disconnect or transfer your mobile number, you will opt out of Text Message Communications in order to stop future messages from being sent to that number and to terminate Text Message Communications for that number.
AIR Communities is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, messages sent to the mobile phone number from which you opted-in but which you no longer use or own; undelivered messages resulting from any form of filtering by your mobile carrier or service provider; or the failure of Text Message Communications to provide you with a reminder of your scheduled appointment, lease renewal or other event or deadline (and any associated failure by you to make your scheduled appointment, renew your lease, or take other actions). AIR Communities cannot guarantee that each user will receive the benefit of Text Message Communications.
Use of Interactive Areas.
The Site may contain areas that allow for user interaction,
including blogs, forums, bulletin board services, chat areas or
other message and communications features or allow you to connect
to AIR Communities’s presence on third party websites or services
such as Facebook and Twitter ("Interactive Areas"). You are
entirely responsible for all content that you upload, post, email
or otherwise transmit via the Site. You agree to post only
messages, comments or other information that are proper, lawful,
and related to the particular Interactive Area. In addition,
but without limitation, you may not post content or engage in any
other activity on the Site that:
• defames, threatens, harasses, abuses, deceives, or
otherwise violates the legal rights of others;
• is harmful to children, profane, obscene, indecent or
racially or ethnically offensive;
• is tortious, libelous, or fraudulent;
• victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age or
disability;
• 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 AIR Communities;
• impersonates any person or entity or misrepresents your
connection or affiliation with a person or entity, including AIR
Communities or any employee or representative of AIR Communities;
or
• constitutes illegal activity.
AIR Communities reserves the right (but not the obligation) to review, edit, or delete any content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive
Areas. You acknowledge that all
Interactive Areas are public and not private communications;
therefore, any information or content you post to an Interactive
Area may be read by others. AIR Communities recommends that
you avoid posting or otherwise disseminating any personally
identifiable information in the Interactive Area.
AIR Communities does not endorse or control the content, messages
or information found in any Interactive Area and, therefore, AIR
Communities specifically disclaims any liability with regard to the
Interactive Areas and any actions resulting from your participation
in them.
You acknowledge and agree that AIR Communities may preserve any
submissions to the Site and may also disclose submissions if
required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (i) comply
with legal process; (ii) enforce these Terms; (iii) respond to
claims that any submission violates the rights of third parties; or
(iv) protect the rights, property, or personal safety of AIR
Communities, the Site, its users and the public.
Limits on Liability. AIR Communities
will not be liable for:
Ï the contents of any communication, message, or information
posted by you or other third parties;
Ï the content of any website not controlled, owned, or
operated by AIR Communities that is accessed from or linked to this
Site;
Ï the content, services or information provided by any
website purporting to be operated by AIR Communities or its
affiliates, but not actually affiliated with, controlled, owned, or
operated by AIR Communities;
Ï any damages or injury caused by, including but not limited
to, any failure of performance, error, omission, interruption,
defect, delay in operation of transmission, computer virus, or line
failure; and
Ï any direct, indirect, incidental, special, punitive or
consequential damages arising out of or relating to use of or
inability to use the Site, even if AIR Communities has been advised
of the possibility of such damages, including but not limited to,
loss of profits, loss of data or loss of use damages. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not
apply to you. If you are dissatisfied with any portion of the Site,
or with any of these Terms of Use, your sole and exclusive remedy
is to discontinue using the Site.
Content.
All offers, invitations, discounts, promotional codes, packages and
pricing are subject to change at any time. The information on
the Site may contain inaccuracies and typographical errors,
including, but not limited to, inaccuracies relating to pricing or
availability that are applicable to your transaction. AIR
Communities shall not assume any responsibility or liability for
any such inaccuracies, errors or omissions, and shall have no
obligation to honor transactions or information affected by such
inaccuracies. AIR Communities reserves the right to make
changes, corrections, cancellations and/or improvements to the
information on the Site, and to the properties and programs
described on the Site, at any time without notice, including after
confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, statements,
representations, services, and other information provided through
the Site. You acknowledge that you may not rely on any
content on the Site. AIR Communities does not endorse or
represent the reliability, accuracy or quality of any information
or non-AIR Communities services displayed or advertised on the
Site. We make no representations or warranties, express or
implied, with respect to the information provided on this
Site.
Third
Party Websites. Although we hope that you will find
the material on this Site informative, the material and links to
third-party websites and resources that may be included on the Site
are provided for informational purposes only. Providing links
to these sites by us should not be interpreted as endorsement or
approval by AIR Communities of the organizations sponsoring these
sites or their products or services. We make no
representations or warranties, express or implied, with respect to
the information provided on this Site or any third-party website
which may be accessed by a link from this Site, including any
representations or warranties as to accuracy or completeness.
Because AIR Communities has no control over third-party websites
and resources, you acknowledge and agree that AIR Communities is
not responsible for the information and contents of such
third-party websites and does not endorse and is not responsible or
liable for any content, statements, representations, advertising,
products, services or other materials on or available from such
sites or resources. You further acknowledge and agree that
AIR Communities shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
in connection with your use or reliance on any such content,
information, goods, or services available on or through any such
site or resource.
Proprietary Rights. You
acknowledge and agree that content contained in the Site or
information presented to you through the Site may be protected by
copyright, trademark, or patent law, or other proprietary rights
and laws. Except as expressly authorized by AIR Communities
or its affiliates, you agree not to modify, distribute, copy,
reproduce or create derivative works based on the proprietary
portions of this Site, in whole or in part. You may not
reverse engineer, decompile, or disassemble the Site or its
underlying technologies, except to the extent the foregoing
restriction is expressly prohibited by applicable law. Those
portions of the Site owned by AIR Communities are the copyright of
AIR Communities. All rights reserved. You agree that
all of AIR Communities’ trademarks, trade names, service marks,
logos and service names are trademarks and are property of AIR
Communities (the "AIR Communities Marks"). You agree not to
display or use in any manner the AIR Communities Marks, without the
express prior permission of AIR Communities.
No
Reproduction or Resale. You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site, or access to
the Site.
Indemnification. You agree to indemnify, defend and hold AIR Communities, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity. AIR Communities shall have the right to participate, at its sole expense, in the defense of any indemnified claim, through counsel of its own choosing.
Enforcement. AIR Communities does not assume responsibility to you or others for any failure by AIR Communities to enforce the provisions contained in the Terms.
Termination. You agree that AIR Communities, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if AIR Communities believes that you have violated or acted inconsistently with the letter or spirit of the Terms. AIR Communities may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that AIR Communities may immediately bar any further access to the Site. Further, you agree that AIR Communities shall not be liable to you or any third party for any termination of your access to the Site.
Fair Housing/Equal Housing
Opportunity. AIR
Communities is an Equal Housing Opportunity company, which means
AIR Communities (as well as all of our affiliated entities and
employees) complies with the Fair Housing Act and other applicable
federal, state and local anti-housing discrimination laws. The
federal Fair Housing Act prohibits discrimination in housing
because of:
Race
Color
National origin
Religion
Sex
Familial status
Disability
AIR Communities also operates in states and local jurisdictions
which have additional fair housing laws and more protected
classes. AIR Communities is responsible for complying with
those laws and regulations as well.
All rental properties identified in this Site are subject to the
federal Fair Housing Act and its state law counterparts. AIR
Communities will not knowingly permit or allow any discriminatory
conduct in the rental of its properties that violates applicable
law. Complaints concerning discriminatory practices in housing may
be filed with the local office of the U.S. Department of Housing
and Urban Development ("HUD") or by calling HUD toll free at
800-669-9777 (voice) or 800-927-9275 (TDD). HUD maintains extensive
fair housing information on the internet which can be accessed on
the internet at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLwas.
General Acknowledgments. You acknowledge that AIR Communities may establish general practices and limits concerning your use of the Site. You agree that AIR Communities has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. AIR Communities reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that AIR Communities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that AIR Communities reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Privacy. The terms and conditions of AIR Communities’ Privacy Policy are located here and are incorporated herein by reference. In the event of a conflict between the terms of this the document and those in the Privacy Policy, the terms of the Privacy Policy shall govern.
DISCLAIMER OF WARRANTIES. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND
INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND
INFORMATION AND MATERIAL IN THE SITE, AIR COMMUNITIES EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR
INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR
HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE
AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT
LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED,
ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR
OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS
INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE AIR COMMUNITIES
EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE
USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE
CAUSED BY SUCH FACTORS.
2. AIR COMMUNITIES MAKES NO WARRANTY THAT (i) THE SITE AND
INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii)
THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE
ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR
INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE
SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE
FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM AIR COMMUNITIES OR THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT.
EXCLUSIONS AND LIMITATIONS. 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 MAY NOT APPLY TO YOU.
Notice And Procedure For Copyright
Infringement Claim. Pursuant to 17 U.S.C. Section
512, as amended by Title II of the Digital Millennium Copyright Act
(the "Act"), AIR Communities reserves the right, but not the
obligation, to terminate your right to use the Site if AIR
Communities determines in its sole and absolute discretion that you
are involved in any activity that may be infringing, including
alleged acts of infringement, regardless of whether the material or
activity is ultimately determined to be infringing. AIR
Communities accommodates and does not interfere with standard
technical measures used by copyright owners to protect their
materials. In addition, pursuant to 17 U.S.C. Section 512(c),
as amended, AIR Communities has implemented or will implement
procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the
Act. The designated agent of AIR Communities to receive
notification of claimed infringement is:
Kenneth A. Diamond
4852 S. Ulster Street
Suite 1700
Denver, Colorado 80237
Phone: 1-888-789-8600
E-mail: [email protected]
AIR Communities respects the intellectual property of others, and
we ask our users to do the same. If you believe that your
work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please provide the designated agent listed
above with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual
property that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on the
Site; (iv) your address, telephone number, and email address; (v) a
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and (vi) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and
that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's
behalf.
Governing Law. You and AIR
Communities agree that the Terms and the relationship between you
and AIR Communities shall be governed by and construed in
accordance with the laws of the State of Colorado without regard to
its conflict of laws analysis. You and AIR Communities hereby
irrevocably and unconditionally submit to the jurisdiction of
courts located within the county of Denver, Colorado, or the United
States District Court for the District of Colorado for purposes of
all legal proceedings arising out of or relating to the Terms and
agree not to commence any legal proceedings related thereto except
in such court. You and AIR Communities irrevocably waive, to
the fullest extent permitted by law, any objection that you/it may
now or hereafter have to the laying of the venue of any proceeding
brought in any such court or any claim that a legal proceeding
commenced in such court has been brought in an inconvenient
forum.
Waiver. AIR Communities’
failure to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by AIR Communities in
writing.
Severability. If any provision
of these Terms is held to be illegal, invalid or unenforceable
under any present or future laws, such provision shall be fully
severable, and the remaining provisions shall constitute the
parties’ agreement.
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 two (2) years after such claim or cause of action
arose or be forever barred.
Headings. The section headings
and sub-headings contained in the Terms are for convenience only
and have no legal or contractual effect.
Last updated: 9/10/2018