Terms of Service & Privacy Policy
The following
Terms of Service (“Terms”) and privacy policy (“Policy”) governs the
information practices used on www.JeffersonLakeHowell.com (the “Website”) operated by
the Jefferson Apartment Group and its subsidiaries, affiliates and related entities (referred to herein as
"JAG", "we", "us", or "our") and
applies to information, products and services (collectively, “Services”) provided
by JAG in the U.S. and any videos, information, text, graphics, photos or other
materials uploaded, downloaded or appearing on the Services (collectively
referred to as "Content") as set forth in the Terms for the Website. Throughout the terms and this Policy, we refer to information that
personally identifies you as "personal information". All capitalized terms not otherwise defined
in this Policy shall be as set forth in the above Terms for the website.
READ THESE TERMS
CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SERVICES
PROVIDED BY US THROUGH THE WEBSITE. IF
YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE
SERVICES. We may modify these Terms from time to time and your continued use of
the Services following such change shall signify your agreement to be bound by
the modified Terms.
I.
Terms of Service
General.
You are
responsible for your use of the Services, and for any Content you provide to
the Services, and for any consequences thereof. The Content you submit will be
viewed by us and through third party services and websites. You should only
provide Content that you are comfortable sharing with others under these Terms.
JAG will not be responsible or liable for any use of your Content by JAG in
accordance with these Terms. You represent and warrant that you have all the
rights, power and authority necessary to grant the rights granted herein to any
Content that you submit. You hereby
agree to indemnify, defend and otherwise hold us harmless from any and all
demands, claims and actions by third parties (individually and collectively,
"Claims"), and all liabilities, judgments, damages, fines, penalties,
costs and expenses (including reasonable attorneys’ fees) incurred by such
third parties in connection therewith (individually and collectively,
"Liabilities"), resulting from any Claim that your Content infringes
on the intellectual property or other proprietary rights of any third party,
including any right of privacy.
You may use the
Services only if you can form a binding contract with us and are not a person
barred from receiving services under the laws of the United States or other
applicable jurisdiction. If you are accepting these Terms and using the
Services on behalf of a company, organization, government, or other legal
entity, you represent and warrant that you are authorized to do so. You may use
the Services only in compliance with these Terms and all applicable local,
state, national, and international laws, rules and regulations.
The Services may
include advertisements, which may be targeted to queries made through the
Services, or other information. The types and extent of advertising by us on
the Services are subject to change, and are governed by our Privacy Policy set
forth below.
Passwords
You are
responsible for safeguarding the password or credentials that you use to access
the Services and for any activities or actions under your account. We encourage
you to use "strong" passwords (passwords that use a combination of
upper and lower case letters, numbers and symbols) with your account. We cannot
and will not be liable for any loss or damage arising from your failure to
comply with the above requirements.
Our Rights
All right,
title, and interest in and to the Services (excluding Content provided by
users) are and will remain the exclusive property of JAG and its licensors. The
Services are protected by copyright, trademark, and other laws of both the
United States and foreign countries. JAG reserves all rights not expressly
granted in these Terms. You acknowledge and agree that any feedback, comments,
or suggestions you may provide regarding JAG, or the Services is entirely
voluntary and we will be free to use such feedback, comments or suggestions as
we see fit and without any obligation to you.
Copyright Policy
JAG honors the
requirements set forth in the Digital Millennium Copyright Act. We respect the intellectual property rights of
others and expect users of the Services to do the same. We will respond to
notices of alleged copyright infringement that comply with applicable law and
are properly provided to us.
Our designated
copyright agent for notice of alleged copyright infringement appearing on the
Services is:
Copyright Agent
– JAG
Email:
jaginfo@jagllc.com
If you believe
that your Content has been copied in a way that constitutes copyright
infringement, please provide us with the following information:
(i) a physical or electronic signature of
the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been
infringed;
(iii) identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
(iv) your contact information, including your address, telephone
number, and an email address;
(v) a statement by you that you have a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
(vi) 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 reserve the
right to remove Content alleged to be infringing without prior notice and at
our sole discretion. In appropriate circumstances, we will also terminate a
user's account if the user is determined to be an infringer.
Disclaimers & Limitations of Liability
Please read this
section carefully since it limits the liability of JAG and its parents,
subsidiaries, affiliates, related companies, officers, directors, employees,
agents, representatives, partners, and licensors (collectively, the JAG
Entities"). Each of the subsections below only applies up to the maximum
extent permitted under applicable law. Some jurisdictions do not allow the
disclaimer of implied warranties or the limitation of liability in contracts,
and as a result the contents of this section may not apply to you. Nothing in
this section is intended to limit any rights you may have which may not be
lawfully limited.
Your access to
and use of the Services or any Content is at your own risk. You understand and
agree that the Services are provided to you on an "AS IS" and
"AS AVAILABLE" basis. Without limiting the foregoing, THE JAG
ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
The JAG Entities
make no warranty and disclaim all responsibility and liability for:
(i) the completeness, accuracy,
availability, timeliness, security or reliability of the Services or any
Content;
(ii) any harm to your computer system, loss
of data, or other harm that results from your access to or use of the Services,
or any Content;
(iii) the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the
Services;
(iv) whether the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from the JAG
Entities or through the Services, will create any warranty not expressly made
herein.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE JAG ENTITIES SHALL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY
LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY
LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY
CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT
LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv)
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF THE JAG ENTITIES EXCEED THE GREATER OF
ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
THE LIMITATIONS
OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON
WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND
WHETHER OR NOT THE JAG ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO
SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO
YOU.
Termination
We may stop
(permanently or temporarily) providing the Services (or any features within the
Services) to you or to users generally and may not be able to provide you with
prior notice. We may cease providing you with all or part of the Services at
any time for any reason, including, but not limited to, if we reasonably
believe: (i) you have violated these Terms, (ii) you create risk or possible
legal exposure for us; or (iii) our provision of the Services to you is no
longer commercially viable. We will make reasonable efforts to notify you by
the email address associated with your account or through the Services the next
time you attempt to access your account. In all such cases, the Terms shall
terminate, including, without limitation, your license to use the Services,
except that the following sections shall continue to apply: “General”, “Our
Rights”, Copyright Policy”, “Disclaimer & Limitation of Liability” and
“Termination”.
Nothing in this
section shall affect JAG's rights to change, limit or stop the provision of the
Services without prior notice.
II.
Privacy Policy
Our Commitment to Privacy
We at JAG
respect the privacy of your personal information. We provide this explanation
about our online information practices regarding our Website as a show of our
commitment to protect your privacy.
We do not sell
or rent individual identification information collected during your use of our
Website without your permission.
The Information We Collect
At the time you
send us a communication through our Website, we collect and store such
information as you may provide, which (depending on the circumstances) can
include your name, address, telephone number, e-mail address. We may also collect other individual
non-personal information, such as the date of your move and size of apartment
desired.
In addition, we
may automatically gather general statistical information about our Website and
visitors, such as IP addresses, browsers, computer operating system, pages
viewed, number of visitors, but in doing so we do not reference you by
individual name, e-mail address, home address, or telephone number. We use this
data in the aggregate to determine how much our customers use parts of our site
so we can improve our site.
The Way We Use Your Information
We use the
information we collect about you for the following purposes:
·
to
send you personalized information about our properties or services that we
believe may be of interest to you such as through e-mail alerts and news
updates;
·
to
process your rental application or your request for payment;
·
to
respond to your feedback or requests for information about our properties;
·
to
communicate to you important information regarding the site, changes to our
Privacy Policy, and/or other administrative information;
·
to
statistically analyze site usage, to improve our content and to customize our
site’s content, layout, and services.
·
for
risk control, to enforce our terms of use, to comply with laws and regulations
and to comply with other legal process and law enforcement requirements. We may disclose or access information
whenever we believe in good faith that the law so requires or if we otherwise
consider it necessary to do so to maintain service and improve our products and
services.
We may also ask
you to provide us voluntarily with additional information regarding your
interests, experience or requests which we may use to customize our service to
you.
We may provide
this statistical information to third parties, but when we do so we do not
provide individual identification information without your permission.
We use your IP
address to help diagnose problems with our server, to manage our Website and to
enhance our site based on the usage pattern data we receive.
Disclosure of Your Personal information
to Third Parties
We do not sell
or trade your personal information to third parties. This does not include
trusted third parties who assist us in operating our website, conducting our business,
or servicing you, so long as those parties agree to keep this personal
information confidential. We may also
release your personal information when we believe release is appropriate to
comply with the law, enforce our site policies, or protect ours or others
rights, property, or safety. However, non-personally identifiable information
may be provided to other parties for marketing, advertising, or other uses. In
the event of a sale, purchase, merger, or other reorganization of any business
or property owned by any entity affiliated with JAG, personal or other
information may be among the assets transferred to the purchaser(s) of such
business or property.
Your Choices Concerning Our Use of Your
Personal information
Outside of
information we send to you at your request, we may use your personal
information to deliver information to you that, in some cases, is targeted to
your interests through promotional offers.
If you do not wish to receive such communications, you can opt out by
following the unsubscribe instructions at the end of our e-mail communications
or by contacting us at jaginfo@jagllc.com.
The accuracy of
the personal information we collect about you is important to us. To review,
update, correct or delete this personal information, you can contact us at:
jaginfo@jagllc.com. We reserve the right not to allow access to your personal
information if we believe in good faith that such disclosure is prohibited by
law or if the rights of another individual might be violated.
Your account
can be deleted or deactivated but doing so will result in your not being able
to access member services. Should you
choose to cancel your account registration to our site, you may also request
the deletion of your personal information by sending an email to jaginfo@jagllc.com. After we remove your personal information,
some residual information may remain in our archives and records, but this
information will not be used for any commercial purpose. We reserve the right
to maintain information on registered visitors who have violated any of our
policies or who have had their access to the site blocked.
If our site
requests your consent to receive text messages on your telephone(s), you can
manage all such notifications by signing into your account. You may opt-out of
receiving further messages at any time by following the instructions provided
within the resident portal. Standard message and data rates may apply to these
messages. Your wireless carrier and other service providers also collect data
about your text message usage, and their practices are governed by their own
privacy policies.
Security of Your Personal information
We employ
reasonable and current security methods to prevent unauthorized access,
maintain data accuracy, and ensure correct use of personal information. [IF
APPLICABLE: We employ encryption technology, protecting data at each point of
transfer. Data is collected on our site using SSL (Secure Sockets Layer)
security.]
We restrict
access to personal information about you to those employees who need to know
that information to provide products or services to you. Our employees maintain
appropriate physical, electronic, and procedural safeguards to guard your
personal information.
Whenever you
voluntarily disclose personal information online - for example on message
boards, through e-mail or in chat areas - that information can be collected and
used by others. Although we may or may
not provide such functionality through our Website, you should be aware of
these risks.
No data
transmission over the Internet or any wireless network can be guaranteed to be
perfectly secure. As a result, while we try to protect your personal
information, we cannot ensure or guarantee the security of any information you
transmit to us, and you do so at your own risk.
Third Party Websites and Their Practices
This Policy
only applies to JAG and our Website. Our
Website has links to other websites for associated apartment properties
including, by way of illustration and not limitation, properties available for
lease, to assist us in processing apartment lease applications and to
facilitate payment of rent (each, a “Third-Party Website”). The privacy policy of any Third-Party
Website, or that of an advertiser or promotional service appearing at our
Website, may differ from this Policy. We strongly encourage you to read that
policy before responding to the offer or otherwise providing any personal
information.
As we do not
manage or control any Third-Party Websites, we are not responsible for and do
not endorse the informational content or any products or services available on
any Third-Party Website and do not make any representations regarding such
content or accuracy whatsoever. We take no responsibility and assume no
liability for any content in such sites, or for any mistakes, defamation,
libel, slander, omissions, falsehoods, obscenity, pornography, or profanity
contained on such sites. We are not liable for any technological, legal, or
other consequences that arise out of your visit or transactions on any
third-party sites. Your use of Third-Party Websites is at your own risk and
subject to the terms and conditions of use for such sites. This means that we
are not your agent and will not be a party to any contract you enter on such
Third-Party Websites.
How We Use Cookies and Other Tracking
Technologies
Cookies
are small files that a site or its service provider transfers to your
computer’s hard drive through your Web browser (if you allow) that enables the
sites or service providers systems to recognize your browser and capture and
remember certain information. We use cookies in a variety of ways, such as to
compile aggregate data about site traffic and site interaction so that we can
offer better site experiences and tools in the future. We may contract with
third-party service providers to assist us in better understanding our site
visitors. These service providers are not permitted to use the information
collected on our behalf except to help us conduct and improve our business.
You may set
your browser not to accept cookies or to notify you when you receive cookies,
giving you the opportunity to decide whether to accept cookies, but if you do
not accept cookies, your experience at this site may be degraded.
We may also use
pixel tags (also known as "clear gifs," "web beacons" or
"1-by-1 gifs"). These may be used in connection with certain pages of
our site or with email messages to measure the effectiveness of our
communications, to compile statistics about usage and response rates, and to
assist us in resolving issues that may arise on this site.
An IP address
is an identifier for a computer or device on a Transmission Control Protocol/
Internet Protocol ("TCP/IP") network, such as the World Wide Web. We
use IP addresses to analyze trends, administer the website, track user
movement, and gather broad demographic information for aggregate use.
We Do Not Target Children Under 13
Our
website, products and services are all directed to people who are at least 18
years old or older. Notwithstanding the foregoing, we have no way
of distinguishing the age of individuals who access our Website, and so we
carry out the same Policy for individuals of all ages. Our services are not
directed to children under the age of 13. If a child has provided us with
individual identification information without parental or guardian consent, the
parent or guardian should contact us to remove the information and opt out of
promotional opportunities (if any).
Changes to Our Policy
We may update
this Policy from time to time. Your continued use of this Website after any
such updates shall be subject to the revised Policy, but information collected
before changes are made will be secured according to the previous Policy. We
encourage you to periodically visit our Website to review this Policy to review
any changes of our Privacy Policy.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our
website and not to information collected offline.
Your Consent
By using our
Website, you consent to the collection and use of this information in the
manner we describe.
Contact Us
If you have any
questions or concerns regarding this Policy, please contact
jaginfo@jagllc.com.
Last modified: 3-19-20