This website is operated by Apartment Financing America, hereinafter referred to as “Apartment Financing America” or “we”. The publications, websites, web applications, mobile applications, RSS feeds, Atom feeds, podcasting properties, social network applications and any other website, application or URL operated by or under the Apartment Financing America name, or the name of an Apartment Financing America subsidiary or affiliate, along with any other feature, content, or application offered Apartment Financing America shall hereinafter be referred to as the “Site” or collectively as the “Sites. Apartment Financing America is based in the United States and the Sites are hosted in the United States.
Eligibility For Site Registration And Account Security
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Apartment Financing America Sites. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, user name, email address or password of another [member or subscriber] at any time. You agree to notify Apartment Financing America immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the Apartment Financing America Sites. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing firstname.lastname@example.org referring to Termination of Service. Apartment Financing America may terminate your account and/or access to the Apartment Financing America Sites at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the Apartment Financing America Sites is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.
Although Apartment Financing America does not now charge subscription or any other fees for the use of our Sites, except as may be expressly provided in any individual Site, you acknowledge that Apartment Financing America reserves the right to charge subscription fees for all or any portion of the Apartment Financing America Sites. Apartment Financing America will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Apartment Financing America Sites after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If Apartment Financing America suspends or terminates your account and/or access to the Apartment Financing America Sites because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing Site Services Or Products
You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Apartment Financing America will in no way be responsible or liable to you for any such breach. Apartment Financing America will not store any record of Personal Financial Information related to purchases or other transactions you make through the Apartment Financing America Sites. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your personal financial information, you must contact the Processor.
Apartment Financing America Content
The Apartment Financing America Sites contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content, collectively referred to as “Content” or “Apartment Financing America Content”. Apartment Financing America Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Apartment Financing America, Apartment Financing America owns and retains all rights in the Apartment Financing America Content and the Apartment Financing America Sites. Apartment Financing America hereby grants you a limited, revocable, non-sublicensable license to access and display the Apartment Financing America Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Apartment Financing America Sites. The Apartment Financing America Sites may also contain Content of users and other Apartment Financing America licensors. Except as provided in this Agreement or as expressly allowed on a Apartment Financing America Site, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Apartment Financing America Sites.
Except as expressly permitted by Apartment Financing America, you are strictly prohibited from creating works or materials, including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, online postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise that derive from or are based on Apartment Financing America Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away.
You may not either directly or through the use of any device, software, Internet site, web based service or other means remove, bypass, avoid interfere with or circumvent any copyright, trademark, or other proprietary marks on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from Apartment Financing America. Requests for permission to reproduce or distribute materials found on Apartment Financing America Sites can be made by contacting Apartment Financing America via email at the email address listed on our Contact page referring to Content Request in the Subject line.
Your Use Of The Apartment Financing America Sites
The Apartment Financing America Sites are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from Apartment Financing America. Apartment Financing America reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Apartment Financing America Sites, collectively referred to as “User Content”. Accordingly, please choose carefully the information that you post on, through or in connection with the Apartment Financing America Sites. You understand that Apartment Financing America does not control the User Content posted by users via the Apartment Financing America Sites and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content.
Apartment Financing America assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Apartment Financing America Sites, please report this to us immediately by emailing email@example.com referring to Misuse of Apartment Financing America Sites in the Subject line. Apartment Financing America assumes no responsibility for monitoring the Apartment Financing America Sites for inappropriate Content or conduct.
If at any time, Apartment Financing America chooses, in its sole discretion, to monitor the Apartment Financing America Sites, Apartment Financing America nonetheless assumes no responsibility for Content other than Apartment Financing America Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You Agree Not To Use The Apartment Financing America Sites To:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of the privacy of someone else, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Apartment Financing America Sites, including Apartment Financing America’ servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Apartment Financing America Sites;
- Use technology or any automated system such as scripts or bots in order to collect user names, passwords, email addresses or other data from the Apartment Financing America Sites, or to circumvent or modify any security technology or software that is part of the Apartment Financing America Sites;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Apartment Financing America Sites. If you do so, you acknowledge you will have caused substantial harm to Apartment Financing America, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Apartment Financing America $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Apartment Financing America’ prior written consent;
- Use the Apartment Financing America Sites to advertise or promote competing services;
- Use the Apartment Financing America Sites in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Apartment Financing America reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Apartment Financing America in its sole discretion. You acknowledge Apartment Financing America reserves the right to investigate and take appropriate legal action against anyone who, in Apartment Financing America’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Apartment Financing America may access, preserve or disclose information you provide to the Site, including User Content, when Apartment Financing America has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Apartment Financing America, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Apartment Financing America Sites or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Message Boards And Public Forums
The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and Apartment Financing America cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Apartment Financing America is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. Apartment Financing America reserves the right, but disclaims any obligation or responsibility, to prevent you from posting. User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
Apartment Financing America does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Apartment Financing America Sites; provided, however, that User Content shall not include any Content posted by a user that is already owned by Apartment Financing America or any affiliate. By posting any User Content on, through or in connection with the Apartment Financing America Sites, you hereby grant to Apartment Financing America and our affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Apartment Financing America Sites or in connection with any distribution or syndication thereof to Third Party Services, as defined below, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Apartment Financing America’ use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Apartment Financing America reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Apartment Financing America Sites.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Apartment Financing America Sites, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Apartment Financing America Sites and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Apartment Financing America Sites or Third Party Services.
Copyrights, Trademarks And Other Intellectual Property
Apartment Financing America respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Apartment Financing America has a policy of terminating repeat infringers’ access to the Apartment Financing America Sites in appropriate circumstances. If you believe that any material residing on or linked to from the Site infringes your copyright, please send us a notification of claimed infringement via email at firstname.lastname@example.org referring to Infringement in the Subject line and include all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Apartment Financing America Sites (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature.
Third Party Links And Services
Apartment Financing America is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an affiliate or a company otherwise connected with the Site. By using the Apartment Financing America Sites, you acknowledge and agree that Apartment Financing America is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. Apartment Financing America encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact us via email at the email address listed on our Contact page referring to Link Request in the Subject line before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or Apartment Financing America, including its respective employees, agents, directors, officers or shareholders.
You are solely responsible for your interactions with other users of Apartment Financing America Sites, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Apartment Financing America Sites. Apartment Financing America reserves the right, but has no obligation, to become involved in any way with these disputes.
Apartment Financing America Sites are provided “as is” and “as available” and Apartment Financing America does not guarantee or promise any specific results from use of the Apartment Financing America Sites. Apartment Financing America expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Apartment Financing America makes no warranty that your use of the Apartment Financing America Sites will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Apartment Financing America Sites or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Apartment Financing America be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Apartment Financing America Sites, problems or technical malfunction in connection with use of the Apartment Financing America Sites, attendance at a Apartment Financing America event, any material downloaded or otherwise obtained in connection with the Apartment Financing America Sites, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Apartment Financing America Sites, or the conduct of any users of the Apartment Financing America Sites, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Apartment Financing America.
Limitation On Liability
IN NO EVENT WILL APARTMENT FINANCING AMERICA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE APARTMENT FINANCING AMERICA SITES, EVEN IF APARTMENT FINANCING AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, APARTMENT FINANCING AMERICA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO APARTMENT FINANCING AMERICA FOR THE APARTMENT FINANCING AMERICA America SITES DURING THE TERM OF YOUR USE OF THE APARTMENT FINANCING AMERICA SITES.
US Export Controls
Software available in connection with the Apartment Financing America Sites, hereinafter referred to as the “Software” is further subject to United States export controls. No Software may be downloaded from the Apartment Financing America Sites or otherwise exported or re-exported in violation of US export laws. Downloading or using the Software is at your sole risk.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and Apartment Financing America agree to submit to the exclusive jurisdiction of the courts located in Denton County, Texas to resolve any dispute arising out of this Agreement or the Apartment Financing America Sites. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold Apartment Financing America, its affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the Apartment Financing America Sites, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Apartment Financing America Sites.
Apartment Financing America does not knowingly accept, via the Apartment Financing America Sites or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Apartment Financing America’s policy is to simply delete any such submission without reading it or forwarding it to other Apartment Financing America staff or staff of its affiliates. Therefore, any similarity between an unsolicited submission and any elements in any Apartment Financing America creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Apartment Financing America via the Apartment Financing America Sites (including but not limited to any public forum), however, such submissions and copyright become the property of Apartment Financing America and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Apartment Financing America sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Apartment Financing America or affiliate relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Apartment Financing America may, from time to time, post employment opportunities on the Apartment Financing America Sites and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Apartment Financing America in response to employment listings, you are authorizing Apartment Financing America to utilize this information for all lawful and legitimate hiring and employment purposes. Apartment Financing America also reserves the right, at its sole discretion, to forward the information you submit to its affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Apartment Financing America Sites will constitute a promise by Apartment Financing America to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Apartment Financing America Sites constitute a promise that Apartment Financing America will review any or all of the information submitted to it by users of the Apartment Financing America Sites.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
We collect information about users of our website during the registration process for some of our website features and during their participation in certain activities on our website. Apartment Financing America may gather and aggregate information about visitors by tracking the usage of certain features and pages available on the website. The collection of this information enables us to better tailor the content to your needs, keep you informed of information that you may find of interest, and better enhance your online experience. Our registration or information requests section (detailed below) collects names, email addresses and telephone numbers of our users. When users request pages from our web server, our server automatically collects some information about the users, including their internet protocol (IP) address.
As you browse the site, Apartment Financing America collects information about your visit, not about you personally. By using web server logs and browser cookie files, we monitor statistics about our website such as:
- How many people visit our site, and which pages they visit
- Which materials do our visitors choose to download
- From which search engines visitors are referred, such as Google, Yahoo or Ask
- Which browsers are used by visitors to our website, such as Internet Explorer or Safari
While we gather this information, none of it is associated with you individually. We use these statistics to improve our website, to monitor its performance, and to make it easier for you and other visitors to use.
Use of Private Information
Registration or Information Requests
Apartment Financing America Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important to us. For that reason, Apartment Financing America does not intend to or knowingly collect or maintain personally-identifiable information from children under 13.
General Information and Links
Website Policies Legal Disclaimer
Apartment Financing America and its affiliates have created this web site solely for informational purposes to better inform users and visitors about Apartment Financing America as a commercial real estate consulting and advisory company. When reviewing the information on this website or any affiliated commercial real estate, commercial mortgage, commercial financing or commercial real estate advisory websites, please keep in mind the following:
Apartment Financing America and all affiliates reserves the right to randomly and, without prior notice to you, monitor the content of information exchanged in public areas on our websites and to prohibit any communication, content or conduct that may violate any applicable law. In addition, Apartment Financing America and all of their affiliates may disclose or use any content, record, or electronic communication of any kind (including e-mail):
- for its own project planning purposes;
- for its or any third parties’ market research purposes;
- to satisfy any law or governmental request;
- if such disclosure is necessary to operate its Internet site;
- to protect the rights of Apartment Financing America and affiliates;
- or to protect any third party.
We cannot and do not offer any assurance that information you transmit to us will remain confidential. Apartment Financing America and all affiliates reserve the right to change any information on our websites without prior notice. This website may not contain complete information about Apartment Financing America. While we will make reasonable attempts to provide current information on our websites, we are unable to represent or warrant the accuracy of any information contained on our web sites.
The contents and distinctive and original presentation of this website and other related internet sites, including all text and images, is copyrighted with all rights reserved, unless specifically noted to the contrary. Use of this website for any commercial purposes is strictly prohibited. Many of the marks, including, without limitation, the Apartment Financing America logo, trade marks, and the Enhancing Property Performance® trademark are protected trademarks. Any person engaging in the unauthorized use of such marks shall be prosecuted to the fullest extent allowed by law.