AMLI WEBSITE TERMS OF USE
Effective as of 8.24.18
AMLI RESIDENTIAL (“AMLI”) WELCOMES YOU TO ITS WEBSITE (INCLUDING ANY AMLI-BRANDED AND AFFILIATED WEBSITES THAT ARE BOTH DIRECTLY LINKED FROM THIS WEBSITE AND DISPLAY A LINK TO THESE TERMS OF USE, THE “WEBSITES”). YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS OF USE (THESE “TERMS OF USE”) BEFORE PROCEEDING TO ACCESS OR USE THE WEBSITES OR ANY CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITES (COLLECTIVELY, “SERVICES”). THESE TERMS OF USE FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND AMLI REGARDING YOUR ACCESS TO AND USE OF THE WEBSITES AND SERVICES. BY ACCESSING AND BROWSING THE WEBSITES OR SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THE WEBSITES AND SERVICES.
Electronic Signature and Disclosure Consent Notice.
You agree to the use of electronic documents and records in connection with these Terms of Use and all future documents and records in connection with the Websites and Services, including, without limitation, this electronic signature and disclosure consent notice, and that this use satisfies any requirement that AMLI provide you these documents and records, and their content, in writing. If you do not agree, do not accept these Terms of Use or access, browse or use the Websites or any Services. You have the right to receive a paper copy of all documents and records. You may (i) obtain a paper copy of any document or record (free of charge), (ii) withdraw your consent to the use of electronic documents and records, or (iii) update your contact information through your Website account or by contacting AMLI. To receive or access electronic documents and records, you must have the following equipment and software: (a) a device that is capable of accessing the Internet; (b) an Internet browser using Internet Explorer version 9 or higher, Firefox, or Chrome. For iOS, Safari is required; and (c) software that permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader 8.0 or higher. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements. ACCEPTING THESE TERMS OF USE, INCLUDING BY CLICKING ON ANY “I ACCEPT” BUTTON ON THE WEBSITE PAGE PRESENTING THESE TERMS OF USE, INDICATES YOUR SIGNATURE AND YOUR ACCEPTANCE OF THIS ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT NOTICE.
Introduction.
We may change these Terms of Use at any time without prior notice to you or any other person, by posting changes on the Websites. We encourage you to check back and review these Terms of Use from time to time. Your continued use of the Websites or Services following our posting of changes will signify that you agree to and accept the revised Terms of Use. If you do not agree to the revised Terms of Use, you are not authorized to access or use the Websites or Services and you must disconnect from and not use the Websites and Services. You are not authorized to change these Terms of Use in any manner.
Note, in addition to the other portions of these Terms of Use, Section III below applies to you if you are submitting a lease application online, creating an account or obtaining a quote.
I. GENERAL.
A. Use of the Websites, Services and Websites Material.
You agree to access and use the Websites and Services only for lawful reasons. You are solely responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of the Websites and Services. You are prohibited from using the Websites or Services in a way that is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that AMLI deems in its sole discretion to be inappropriate for the Websites or Services; violates any law, statute, rule, regulation, or court order; accesses, collects or stores personal information about others; violates or infringes the rights of anyone else, including, for example, another person’s right to privacy; impersonates any person, business, entity, or IP address (e.g., IP spoofing); involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law; is commercial in nature, including, for example, usage for advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages; gains or tries to gain unauthorized access to the Websites or Services, or any computers, networks or data used to operate or stored on or with the Websites or Services, or that otherwise modifies or interferes with the use or operation of the Websites or Services; imposes an unreasonable or disproportionately large load on AMLI’s or AMLI’s business partners’ infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques; alters, damages, or deletes any content posted on the Websites or Services; frames, mirrors, scrapes or data-mines the content of the Websites or Services; contains computer viruses or other disruptive, disabling, damaging or harmful files or programs; or otherwise violates these Terms of Use or any other guidelines or policies posted on the Websites, including the Privacy Policy, which are incorporated by this reference into these Terms of Use.
AMLI reserves the right to cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users, including, without limitation, any user who violates, or is suspected of violating, these Terms of Use. AMLI may disclose your information to such law enforcement officials and/or agencies if requested to do so or if required by law or as otherwise provided in the Privacy Policy.
B. Links and Third Parties.
The Websites or Services may contain links to other documents or websites that are provided or operated by third parties and not by AMLI (including, without limitation, any AMLI-branded websites that are operated by third parties and do not link to these Terms of Use. Such links are provided solely for your reference. AMLI does not control such documents or websites and is not responsible for their content or any related goods or services. AMLI’s inclusion of links to such documents or websites does not imply any endorsement of the content, goods or services on such documents or websites or any association with their providers or operators.
C. Idea Submission/Use of Information.
While AMLI does not claim ownership of any content, messages, comments or suggestions that you may submit to AMLI, by submitting to AMLI or any of its affiliated entities any content, message, comment or suggestion or any other material (collectively, “Materials”), you shall and hereby do authorize and grant to AMLI and its affiliated entities the world-wide, perpetual, irrevocable, royalty-free and fully paid-up, non-exclusive right and license (including the right to grant sublicenses through multiple levels) to use, display, reproduce, modify, perform, distribute, transfer, and create derivative works based upon, and otherwise exploit, such Materials, in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, AMLI and its affiliated entities will have the right (including the right to grant sublicenses through multiple levels) to use, copy, display, perform, distribute, modify, create derivative works based upon, and re-format such Materials in any manner that AMLI may determine. By submitting Materials, you represent and warrant to AMLI that you have all necessary rights in and to all Materials you provide and all information they contain and that such Materials do not misappropriate or infringe any patent, copyright, trade secret or other intellectual property, proprietary or other rights of third parties and do not contain any libelous, tortious, or otherwise unlawful information.
D. Internet Privacy and Security.
Due to the design of the Internet, AMLI cannot guarantee that communications between you and AMLI will be free from unauthorized access by third parties or will be secure. By agreeing to these Terms of Use, you expressly agree that your use of the Websites and Services is at your sole risk, and you agree that AMLI shall not be liable if a security breach occurs or if the Websites or Services malfunction, except as otherwise mandated by applicable law.
E. Termination.
AMLI may suspend or terminate your access to or use of the Websites or Services at any time and for any reason, including for violation of these Terms of Use. In the event of suspension or termination, you are no longer authorized to access or use the Websites or Services, as applicable, to participate in the online quote or lease or employment application process, or to access AMLI’s Resident Portal, and you shall have no recourse and AMLI shall have no liability as a result of any such suspension or termination. All provisions of these Terms of Use relating to warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or termination.F. List of Restrictions.Neither the Websites or Services, nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed, except that you may download one (1) copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. You may not modify or prepare derivative works based upon the Websites or Services, or any element thereof.
G. Scope of Content.
The Services, and any other services, products and programs that may be mentioned on the Websites, are subject to availability. For specific unit availability and program information, please visit the applicable AMLI community.
H. Reservation of Rights.
All rights, titles, and interests in and to the Websites and Services, and all elements thereof, are owned and reserved by AMLI and its licensors. The Websites and Services are protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to AMLI and its licensors. In particular, the AMLI logo, the word “AMLI,” and the AMLI advertising slogan are registered trademarks. None of the items mentioned herein may be used without the express written consent of AMLI. All rights not expressly licensed hereunder are reserved by AMLI and its licensors.
I. Disclaimers and Limitation of Liability.
1. WARRANTY DISCLAIMER
THE WEBSITES AND SERVICES, AND ALL ELEMENTS THEREOF, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. AMLI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE WEBSITES, SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR OTHER SERVICES MENTIONED OR CONTAINED ON THE WEBSITES, FOR ANY PURPOSE. AMLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AMLI DOES NOT WARRANT THAT THE WEBSITES OR SERVICES WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITES OR SERVICES, OR ANY ASSOCIATED COMPUTER, SERVER OR NETWORK, WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE. AMLI MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITES OR SERVICES IS CURRENT, UP-TO-DATE, COMPLETE, OR ACCURATE. AMLI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITES OR SERVICES. NO WARRANTY, EXPRESSED OR IMPLIED, IS MADE REGARDING ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY MATERIALS OR CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
2. LIABILITY LIMITATION.
UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY, OR OTHERWISE, WILL AMLI BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, LOSS OF GOODWILL, LOSS OF BUSINESS, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE OR WHETHER FORESEEABLE OR AMLI HAD NOTICE OF THE POTENTIAL FOR SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEBSITES AND SERVICES.
3. INDEMNIFICATION.
As a condition of use of the Websites and Services, you shall and agree to indemnify and hold harmless AMLI, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, partners, and agents of any of them, from and against any and all claims, demands, judgments, losses, costs, liabilities, expenses (including, without limitation, attorneys' fees), and damages arising out of or relating to claims resulting from or in connection with your access to or use of the Websites and Services, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms of Use.
J. General Terms and Conditions.
These Terms of Use shall be deemed to have been made in the State of Illinois, U.S.A. and shall be interpreted, and your rights and liabilities hereto shall be determined in accordance with the law of the State of Illinois, U.S.A., without regard to conflicts of law principles. You consent to the exclusive jurisdiction of the state and federal courts for the County of Cook, Illinois, U.S.A. for the determination of any claim or controversy between us and arising out of or relating to these Terms of Use. You hereby consent to the jurisdiction of the Illinois courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.Any waiver by AMLI of the provisions of these Terms of Use or of its rights or remedies hereunder shall not be effective unless in writing, and any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by AMLI to enforce the provisions hereof or its rights or remedies at any time will not be construed and will not be deemed to be a waiver of AMLI’s rights hereunder and will not prejudice its right to take subsequent action.
K. Contact Us.
Any questions regarding these Terms of Use should be directed to webmaster@amli.com.
II. AMLI’S TEXT ALERTS SERVICE.
AMLI may provide you with the opportunity to opt in to receiving text alerts regarding your AMLI residential community (this Service, the “Alerts Service”). The Alerts Service allows you to receive on your mobile device texts, including SMS (Short Messaging Service) messages and informational messages, advertisements or telemarketing messages. The following terms apply to the Alerts Service, including possible fees associated with text messaging.
A. Opt In.
By opting in for the Alerts Service, you, the user, agree to these Terms of Use, including the provisions of this Section II, as well as AMLI’s Privacy Policy. You will be provided specific instructions and additional information at the time of the invitation to participate in Alerts Service.
B. Opt Out.
You may opt out of the Alerts Service at any time by texting "AMLISTOP" to 39771 from the mobile device you designated when opting in to the Alerts Service.
C. Help.
For additional information, text "SUPPORT" to 39771 from your mobile device.
D. Supported Carriers.
The Alerts Service is supported by various carriers. Messaging frequency varies. The Alerts Service may only be provided for U.S. mobile phone numbers.
E. Fees.
The Alerts Service is a free service, but text messages sent by/received on your mobile device may be subject to message and data rates by your carrier.
F. Usage.
You acknowledge that text messages are distributed via third-party mobile network providers and therefore AMLI cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier, it may not be possible to transmit the text message to you successfully.AMLI does not claim or guarantee availability or performance of the Alerts Service, including liability for transmission delays or message failures.
G. Responsibility for Updating Information.
You represent and warrant that you are the owner, or authorized user, of the mobile device you used to opt in to the Alerts Service, and that you are authorized to approve the applicable charges. In the event that you cease to be the owner, or authorized user, of the mobile device you used to opt in to the Alerts Service, you shall immediately opt out of the Alerts Service with respect to such mobile device as described in Section II.B above. If you wish to continue receiving messages from AMLI, you will need to re-opt in to the Alerts Service using a mobile device that you own or are authorized to use.
III. ADDITIONAL INFORMATION FOR ACCOUNTS.A. Registration and Account Information.
In order to get a quote, complete the lease application process on the Websites, or sign up for AMLI’s Resident Portal, you will need to create an account by creating a username and password and providing certain Personal Information (as such term is defined in and covered by the Privacy Policy. You shall not allow others to use your username or password for any reason, and you are responsible for keeping your username and password secret and confidential and for keeping your contact information associated with your account up to date. If you fail to do so, you are responsible for any charges, costs, expenses, damages, liabilities and losses that AMLI or any of its affiliated entities may incur as a result. You should immediately notify AMLI if you suspect that someone else is using your username or password without your permission. You may not create an account if you are under 18 years of age. AMLI reserves the right to refuse service, terminate accounts, remove or edit content, or cancel lease applications in its sole discretion.