Terms of Service & Privacy Policy
The
following Terms of Service (“Terms”) and privacy policy (“Policy”) governs the
information practices used on www.jeffersonsandlakeapartments.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: 2-22-20