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
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
10. Miscellaneous. SERVICE PROVIDERS operate this website out of headquarters in Folsom,
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.
2.1 The Site serves as a platform for property managers and owners to provide the Services. Yardi does not own or manage the properties listed on the Site and does not enter into rental contracts for those properties. Although the Site may lead to certain business transactions expressly agreed to between Yardi and Users, Yardi is not a party to any transactions between Users and property managers other than providing the Site. AS A RESULT, YARDI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS, PROPERTY MANAGERS OR OWNERS THROUGH THE SITE.
3.1 Yardi provides you with certain information and functionality through the Site. You are solely 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.
4.1 Yardi has no responsibility or duty to review, approve or pre-screen any content posted on the Site by any third party (including property managers and owners), and Yardi is not responsible for such content. You understand that all property listings, lease agreements, rental terms, postings, messages, text, images, photos, files, video, and other information, materials or documents posted on the Site or transmitted through or in connection with the Services by property managers, owners, Users, advertisers, or others (the “Non-Yardi Content”) are the sole responsibility of the property managers, owners, Users, advertisers, or others from whom such Non-Yardi Content originated. YARDI DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE USER CONTENT. YARDI DOES NOT GUARANTEE, AND YOU SHALL NOT HOLD YARDI RESPONSIBLE FOR, THE NON-YARDI CONTENT (INCLUDING THE ACCURACY OR TRUTH OF SUCH NON-YARDI CONTENT), OR THE NATURE, SAFETY, QUALITY, CONDITION, MANAGEMENT OF ANY RENTAL UNITS OR PROPERTIES ON THE SITE OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS OR RULES THAT MAY BE APPLICABLE TO SUCH PROPERTIES. YOU AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING, AND ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, THE USE OF ANY NON-YARDI CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL YARDI BE LIABLE FOR ANY NON-YARDI CONTENT OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-YARDI CONTENT.
(b) Legal, brokerage or other related professional services or advice;
(c) Inspection, screening or pre-approval of rental properties;
(d) Verification, screening or pre-approval of property listings; or
(e) Evaluation, screening or pre-approval of Property Managers or other advertisers who post listings or other content on the Site.
5.1 Certain aspects of the Services may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies of Yardi in addition to those set forth in these Terms (the “Yardi Requirements”). All such Yardi Requirements will be posted in appropriate locations on the Site and by this reference are incorporated into these Terms. In the event of a conflict between the Yardi Requirements and these Terms, the Yardi Requirements shall take precedence.
10.1 Third Party Websites and Services. The Site may contain links to third-party websites or resources including but not limited to sites with information about specific rental properties. Third-party links are included solely for the convenience of Users, and do not constitute any endorsement or approval by Yardi of the third-parties, anyone sponsoring these sites or their products or services, or the products or services themselves. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed by a link from the Site, including any representations or warranties as to accuracy or completeness. Because Yardi has no control over third-party websites, resources, products or services, you acknowledge and agree that Yardi is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Yardi 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. If you decide to access any such third-party websites, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that Yardi does not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others who list properties or otherwise use the Site or the Services, (b) participate in any negotiations with respect to leases or other transactions involving third-parties, or (c) guarantee, endorse or ensure a rental property or any lease or other transaction between a User and property manager, owner or any other person or entity.
13.1 YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, YARDI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14.1 YARDI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS (COLLECTIVELY THE “YARDI ENTITIES”) WILL NOT BE LIABLE FOR:
19.1 Use of Interactive Areas. On the Site and/or as part of the Services, Yardi may provide areas that allow for User interaction, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other message and communications features (the “Interactive Areas”) for posting user feedback, comments, messages or other input (“Comments”). You acknowledge that all Interactive Areas are public and not private and that any information or content, including Information and Material, that you post to an Interactive Area may be read by others and that Yardi has no obligation to protect such information. Yardi recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are proper, lawful, and related to the particular discussion or the Interactive Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site that:
(b) is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
(c) infringes another’s rights to intellectual property, publicity, or privacy;
(d) collects or stores personal information about other Site users;
(e) contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
(f) contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
(g) 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;
(h) disrupts or otherwise interferes with the Site or the networks or servers used by Yardi;
(i) impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
(j) constitutes illegal activity.
19.2 Submissions to Interactive Areas. You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, Yardi may display your Comments on the Site and use them for other marketing and business activities. In addition, Yardi reserves the right in its sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. Yardi further reserves the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. Yardi does not endorse or control the Comments or information found in any Interactive Area and, therefore, Yardi specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
20.1 Governing Law. For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Yardi shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of California. You and Yardi hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County of Santa Barbara (California) or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Yardi irrevocably waive, to the fullest extent permitted by law, any objection that you 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.
c/o Yardi Systems, Inc.
430 S. Fairview Avenue
Santa Barbara CA 93117
Updated: March 11, 2013
Copyright © 2013 Yardi Systems, Inc.