3. User Accounts. You are responsible to safeguard your account information and agree to hold the provider of services harmless from any claims resulting from the improper use of your account information.
4. Copyright. All content included on this site, including software, graphics, and logos is the property of FPI Management, Inc. and/or our customers for whom we provide services (collectively “Service Providers”) and is protected by applicable copyright laws.
5. Trademarks. Any marks indicated on this site are registered trademarks of SERVICE PROVIDERS, or their subsidiaries, in the United States. These trademarks may not be used in connection with any product or service that are not SERVICE PROVIDERS', in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages SERVICE PROVIDERS.
6. License. SERVICE PROVIDERS grant to you a limited license to access this website and not to download or modify any portion of it, except with the prior express written consent of SERVICE PROVIDERS. This license does not induce any resale or commercial use of this website or its contents. No portion of this website may be reproduced, resold, linked or otherwise exploited for any commercial purpose without the express written consent of SERVICE PROVIDERS. Any unauthorized use terminates this license.
7. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless SERVICE PROVIDERS and related parties, against any claim, suit, action or other proceeding brought against SERVICE PROVIDERS and related parties, by a third party, to the extent that such claim, suit, action or other proceeding brought against SERVICE PROVIDERS and related parties is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer for use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the terms and conditions of service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation, including false or inaccurate Information, or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
8. Disclaimer of Warranties. This website and any content on the website are made available on an "as is" and "as available" basis. SERVICE PROVIDERS do not warrant that the website or any content or service provided in connection with the website will be timely, error-free, uninterrupted, secure, or that defects will be corrected. SERVICE PROVIDERS will not be responsible for any errors, omissions, interruptions, defects, deletions or delays in the operation or transmission of the website or any services or content, or for computer viruses associated with the operation of the website. SERVICE PROVIDERS make no warranty regarding any information made available through the website. SERVICE PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. No employee, representative, agent of SERVICE PROVIDERS or third party is authorized to make any warranty not expressly made herein. SERVICE PROVIDERS make no warranty as to the amount of time before your SERVICE PROVIDER’S account is credited with a payment made on this website.
9. Limitation of Liability. Neither SERVICE PROVIDERS, nor their subsidiaries, affiliates, officers, directors, employees, suppliers, successors or assigns will be liable to you or to any third party for any indirect, consequential, incidental, exemplary, special or punitive damages (including without limitation damages resulting from lost profits, lost revenue, last data, or substitute costs) arising out of or in connection with this website or the services available on or through this website, regardless of whether such parties have been made aware of the possibility of such damages. CERTAIN STATE LAWS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY IN YOUR STATE OF RESIDENCE, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
We are committed to protecting your privacy at all times. We do not share your information with outside companies for the purposes of selling their products or services to you. We maintain security standards and procedures designed to protect your account and personal information and we will continue to test and update our technology to improve the protection of your information.
1. Security. We have taken steps to ensure the security of all data we collect through this service. We have taken proactive measures to protect against the loss, misuse, and alteration of the information under our control. We employ encryption technology, protecting data at each point of transfer. To ensure that your credit card and personal information is even more secure, once we receive your information, we store it on a server that is not openly accessible from the Internet. However, in the unlikely event that you are subject to fraudulent charges, remember to immediately notify our acquiring bank and credit card Associations in accordance with standard reporting rules and procedures.
2. Integrity. We utilize redundant systems (i.e., backup systems) to reduce the chance of data loss. We also use computer virus detection and eradication software on systems containing computer data. Firewalls are also employed to prevent unauthorized computer entry into systems containing your private information.
3. Personal Information. We do not release your personal, account or credit card information to any entity other than the credit card service providers involved in the processing of your payments. Apart from this, we only disclose your personal or account information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to:
a) comply with legal process;
b) respond to any claims; or
c) protecting the rights, property or personal safety of our company, employees, customers or the public.
4. Information Collected. When you make payments on-line using our service, we need to know your billing address, e-mail address, apartment community name, account number, phone number, credit card number and credit card expiration date. This allows us to process your payment and credit your account. The processing of transactions is managed by a third-party financial institution, which receives credit card numbers and other personal identifying information only to verify the credit card numbers and process transactions.
5. Your Information. You are always entitled to have access to the information you submitted through our service. Please contact your leasing office to obtain past information regarding payments, credits, charges, etc.
In compliance with the FAIR HOUSING CREDIT REPORTING ACT, this is to inform you that a credit investigation involving the statements made on this application for tenancy of the apartment community is being initiated. You authorize FPI Management, Inc. to obtain credit reports, character reports and rental history as needed to verify all information put forth in the application fields online. Management reserves the right to terminate at is election if any person knowingly or willingly makes fraudulent statements on this application. It is illegal and against our policy to discriminate against any person because of race, religion, color, sex, national origin or disability.
Lessor reserves the right to reject rental application any time prior to execution and delivery of lease. In event of rejection, the rental application deposit will be refund to applicant. In the event Applicant is approved and apartment is available but Applicant elects not to rent the apartment, Owner/Agent may retain holding/security deposit as consideration in full for the Owner/Agents having held the apartment off the rental market. The parties agree that the amount of damages in that situation will be difficult to establish and that the amount of the deposit is agreed to as and for liquated damages. If Applicant withdraws application prior to excitation of lease, the rental application holding/security deposit will be forfeited unless written cancellation is received within 72 hours from the date of this online transaction. Refund of holding/security deposit will be mailed to address provided with 21 days from receipt of written cancellation. If you are in the state of Washington, deposit will be mailed within 14 days.
For Communities in the State of WA and NV, please confirm with office for total amounts of non-refundable Administrative Fees and deposits.
California Civil Code Section 1786.16(a)(3), states that a consumer shall be notified in writing regarding any report which may be construed as an “investigative consumer report” that is requested for the purpose of evaluating the consumer's ability to hire a dwelling unit.
California Civil Code Section 1786.22, states in summary that the agency listed above shall supply files and information relating to these investigations during normal business hours and on reasonable notice. Files maintained shall be made available for the consumer's visual inspection either: (1) by certified mail, pursuant to a written request, with proper identification, for copies to be sent to a specified addressee; (2) by telephone, if the consumer has made a written request, with proper identification for telephone disclosure, and the toll charge, if any, is prepaid by or charged directly to the consumer; or (3) in person, upon furnishing proper identification. “Proper identification” shall mean identification generally deemed sufficient to identify a person, including a valid drivers' license, social security account number, military identification card and credit card. Only if the consumer is unable to identify himself with the foregoing information may the agency require additional information concerning the consumer's employment, personal or family history. The agency shall provide a written explanation of any coded information contained in the files maintained on a consumer that is to be distributed whenever a file is provided to a consumer for visual inspection. The agency shall provide trained personnel to explain to the consumer any information furnished to the consumer by the agency. The consumer shall be permitted to be accompanied by one other person of his choosing, who shall also furnish reasonable identification. The agency may require the consumer to furnish a written statement granting permission to the agency to discuss the consumer's file in such a person's presence. There may be a fee associated with said disclosure.
A fee has been received from above applicant for an offer to rent. The above payment is to be used for processing the resident screening, including any investigative consumer report and/or consumer credit report.
Applicant has given authorization to run a consumer and/or credit report, including a search of any other public information to evaluate their application to live at said community, and use the information contained therein for no other purpose, as limited by federal law.
*Owner/manager does not waive the issue of whether this notice is its legal obligation, but provides such notice to protect the legal right, if any, of the consumer hereto.
Making a payment is the final step and doing so is your confirmation and agreement of terms.
THE SITE IS NOT INTENDED FOR CHILDREN AND YARDI DOES NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION ON THE SITE FROM CHILDREN UNDER THE AGE OF 13. IF YARDI LEARNS THAT A CHILD UNDER THE AGE OF 13 HAS SUBMITTED PERSONALLY IDENTIFIABLE INFORMATION TO YARDI THROUGH THE SITE, IT WILL TAKE REASONABLE MEASURES TO DELETE SUCH INFORMATION FROM ITS RECORDS AND TO NOT USE SUCH INFORMATION FOR ANY PURPOSE (EXCEPT WHERE NECESSARY TO PROTECT THE SAFETY OF THE CHILD OR OTHERS, AS REQUIRED BY LAW, OR AS MAY OTHERWISE BE REQUIRED BY LAW).
TYPES OF Information COLLECTED. We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), user Internet Protocol (IP) addresses, browser types, domain names, internet service providers, referring/exit pages, date/time stamp, operating system, clickstream data, information about you such as how you use the Site and your communication preferences, and other anonymous statistical data involving the use of our Site (“Non-Personally Identifiable Information”).
Personally Identifiable Information we collect may include your name, email addresses, postal addresses, ZIP codes, social security number, driver’s license number, prior addresses, monthly rent paid at prior residences, employers, job titles, income, telephone numbers, credit card information, bank account information and routing numbers, date of birth, gender, age, marital status, user name and password (if you choose to become a registered user of the Site or our products and services), emergency contact information, information about your pets, information about your vehicles including license plate numbers, and other information either desirable or necessary to provide quality services to our customers and visitors. We may also collect information about you such as your use of the Site and communication preferences.
You may choose not to provide your Personally Identifiable Information by not entering it on the Site; however you will not be able to use certain services and features if those services and features require Personally Identifiable Information in order to function.
How We Collect and Use Information. We may collect information in several ways by your use of this Site, as well as from forms you submit to us, personal correspondence, such as emails or letters that you send to us, information you include in an application you complete on the Site, information you provide when scheduling a property visit through the Site, or any other activity through which you identify yourself to us. When you visit the Site, our servers may log your IP address, the URL of your request and other information that is provided in the HTTP header. We may also ask you to voluntarily provide us with personal information on this Site: for example, while many of the features of the Site are available without registering, you may be asked to create an account on the Site if you desire to access certain features. Further, in some instances, we may ask you to provide personal information in order to perform screening services for property managers or owners. Although you may decline to voluntarily provide Personally Identifiable Information when asked, some features, products and services will be unavailable to you as a result.
If you choose to use the Refer a Friend email link to tell a friend about our site or a property listed on our site, we will ask for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Yardi stores this information for the sole purpose of sending this one-time email (and tracking the success of our referral program).
To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or collected online by third parties.
Yardi may use the information collected from you to provide services which you have requested from us: including, without limitation, sending your contact information to properties that you are interested in; sending your rental application to properties that you have selected; and enabling you to use the Resident Portal. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Yardi may use third-party service providers to send and distribute e-mail and to perform other marketing and support functions. We may use information we collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, to analyze trends, administer the Site, gather demographic information the Site’s users, track user movements and to customize the content and layout of this Site for each individual user.
We also may share with third parties, including, without limitation, our corporate partners, aggregated demographic and statistical information that is not personally identifiable (including, for example, the number of users who searched for certain types of housing, the daily number of unique visitors to the Site, how many users clicked on a particular advertisement and how many users were using a certain internet service provider).
Yardi also may disclose an individual’s personal information:
· to a person who in the reasonable judgment of Yardi is seeking the information as an agent of the individual;
· in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
· to a third party or parties, where disclosure is required or permitted by law, a judicial proceeding, a criminal investigation, a court order, or legal process;
· to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Yardi’s assets.
Yardi may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
Through the Site, Yardi may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.
How We Store Your Information. Yardi is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. In spite of these protections, Yardi cannot guarantee the security of any data submitted over the Internet. After your information reaches Yardi, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. We may store and process your personal information in the United States or Canada or any other country in which we or our agents maintain facilities. By using the Site, you consent to the transfer of your information among these facilities, including those located outside your home country.
Retention and Destruction of Personal Information. In order to provide you with the products and services you request, answer questions you may have about the products and services provided, and for our own accountability to external regulatory bodies, we retain your information for a period deemed reasonable under the circumstances. Information stored in client and contact directories are more difficult to systematically destroy, so we remove such information from time to time when it appears we will no longer have a need to contact you, however we will promptly remove such information upon your written request. Paper files containing personal information are destroyed by shredding, and we destroy electronic information by deleting it. When we discard hardware that was used to store data, we ensure that the data is completely and permanently erased or that the hardware is physically destroyed.
Accessing, Reviewing and Changing Your Personal Information. You can see, review and change most of your personal information by logging into your account on the Site and editing your Account Profile or by contacting us at the addresses below. If your personal information changes or is inaccurate, you must change it promptly. If we disagree that certain information is incorrect, we will include a brief statement from you on the discrepancy and, if you want us to, we will forward your brief statement on your behalf to anyone who received the information from us.
In some instances, where requested by you and the Property Manager, we will use your personal information to conduct a screening process and/or produce a screening report or provide your information to a screening company in order to obtain a screening report for the Property Manager. The screening report may include credit information. Under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), you may have the right to access, view and correct credit information relating to you held by a credit bureau by contacting the credit bureau.
There may be circumstances where your personal information is not accessible, reviewable or able to be modified by you through your Site account. With some exceptions, you have the right to see what personal information we hold about you. Often all you have to do is ask. We can help you identify what records we might have about you and we will also try to help you understand any information you do not understand (such as abbreviated data or technical language). We may need to confirm your identity before providing you with this access, and we reserve the right to charge a nominal fee for such requests. In some cases, we may require that your request to us for access be made in writing. If we cannot give you access, we will tell you within 30 days or as soon as reasonably practicable and provide you with a reason, as best we can, as to why we cannot give you access.
If we collected personal information on behalf of a third party we may have conveyed that information directly to the third party. If so, it may not exist as part of our own records and you will have to go to the third party to see the information.
Updated: June 7, 2013