TERMS OF SERVICE
Last Updated as of: October 2, 2014
The Company may make changes to the content offered on the Site at any time. The Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by notifying registered account holders via e-mail. By using this Site after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Company provides Property Management services, by which the Company owns or manages the properties displayed on the Site.
A Payment Gateway refers to the electronic systems, through which you may pass payment information to us, including but not limited to name, mailing address, email address, and dollar amount of payments received.
AGREEMENT TO DEAL ELECTRONICALLY; ELECTRONIC COMMUNICATIONS AND NOTICES.
All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
By clicking "Submit" on any step of a transaction within this Site, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled "I agree to the Terms & Conditions," you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you may refuse to conduct other electronic transactions in the future.
Your transaction, if applicable, is subject to your acceptance of these Terms, which are agreed upon when you proceed with your transaction. This Agreement is entered into on the date of payment acceptance. These Terms supersedes any agreement with the owner of the merchant account to which you are submitting an electronic payment. You hereby agree as follows:
By making your payment and providing the information needed to process your checking, savings account or credit card account, you acknowledge that you have read and understand the Terms contained herein.
Except as otherwise provided in these Terms, we will give you any notices regarding the Site by posting them on the Site. You also authorize the Company to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your email address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.
UNAUTHORIZED USE OF YOUR PASSWORD.
All instructions transmitted by or received from anyone presenting your password on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact the Company immediately. You can authorize the Company to refuse to accept any further transactions initiated under that password on your behalf and the Company will use commercially reasonable efforts to block such transactions.
LICENSE TO USE THE SITE.
We hereby grant you a limited, revocable, non-transferable, non-sublicenseable license, under the rights the Company has in the Site's content, to view and use the Site solely for the purpose of acquiring information in accordance with these Terms. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. As between you and the Company, we and our licensors retain all right, title, and interest in and to the Site. Except as provided in these Terms, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright and intellectual property rights under both United States of America and foreign laws and all rights not expressly granted are reserved by the Company, its affiliates, and its partners. Subject to applicable law, the Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
The license granted herein does not include permission to copy the design elements, "look and feel" or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in these Terms, neither the Company nor any third party has conferred upon you any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
We do not guarantee uninterrupted or error-free operation of this site or any portion thereof, but we will use reasonable efforts to maintain its operation and availability.
We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:
- We believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person;
- Requested by law enforcement or other government agencies; or
- Your account has extended periods of inactivity.
SUBMISSION OF COMMENTS; PROHIBITED CONTENT AND CONDUCT.
Any comments or information that you provide to the Company, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, we will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, we may sublicense these rights to third parties. We reserve the right to disclose any information concerning your use of this website to the extent required by law or judicial or government order. From time-to-time this website may request information through the use of forms. Use of such forms is completely voluntary. Information requested may include, but is not limited to, contact information, demographic information and/or opinions.
Under no circumstance are we responsible for any Submission to the Site or for the content of that Submission, nor shall we be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.
You must not do or attempt to do any of the following, as reasonably determined by us, subject to applicable law:
Post to the Site or provide any Submissions that is or appears to be the following:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or discriminatory or otherwise objectionable; any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law.
- infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
- unsolicited, undisclosed or unauthorized advertising;
- software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
- data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
- in violation of any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or that constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail", "spam" or "chain letters";
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site; or
- take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
YOUR REPRESENTATIONS AND WARRANTIES.
You represent and warrant for the benefit of the Company and the Company' licensors and suppliers that:
- you are at least 18 years of age;
- all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
- you will keep your registration information current;
- you will be responsible for all use of your password even if such use was conducted without your authority or permission; and
- you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
If applicable, you agree to pay all application fees billable immediately to the account identified in your application for the purpose of application processing, which fees are earned upon the submission and receipt of an application. If payment is made by eCheck/ACH, you understand that if such payment is returned from the bank for any reason, you may be charged additional returned item fee(s), which will be added to the original amount and auto-debited from your bank account at least ten (10) days after the initial payment fails. In the event that subsequent fee collection auto-debits also fail, you may continue to incur fees related to such attempts. You assume all responsibility for all such fees. Returned item fees vary; please contact your leasing office for details. Additional fees may also be assessed by your bank and/or our business partners. Your copy of the application will serve as a receipt for the application fee collected.
Convenience fees are charged by our business partner Property Solutions. Convenience fees are not surcharges. Property Solutions is a third-party vendor, who is not the seller, lessor, or us (management company). Such convenience fees are not being charged based on any method of payment. All payment methods initiated through the online platform are charged a convenience fee including, credit card, debit card, electronic checks, and cash payments. These fees are being charged by Property Solutions for providing the convenience of an online payment channel.
If you are applying for a lease, no guarantees are made to you that a property rental is or will be made available. You understand that you will acquire no rights in or to a property rental until you accept and sign a rental agreement and pay all applicable application fees and security deposits.
You authorize the Company to obtain such credit reports, criminal histories, character reports, verification of rental and employment history as it deems necessary to verify all information in your application. You further understand that false, fraudulent, misleading or incomplete information may be grounds for denial of tenancy or subsequent eviction. There are no warranties offered by the Company, whether express or implied.
You hereby authorize us to initiate transaction entries, including convenience fees noted herein, to your transaction account number (including checking and savings accounts) and/or charges to your credit card. This billing will occur at the time of payment of each transaction.
You hereby acknowledge that the Company or Property Solutions may apply a convenience fee with each transaction initiated through the payment gateway. This convenience fee(s) may be amended at any time with or without notice. All convenience fees will be displayed on the payment screen prior to finalizing your transaction.
The Company and our business partner Property Solutions make every effort to comply with all payment processing rules and regulations. If you believe you have been charged a convenience fee in error, please contact the Company by email at email@example.com or by calling Property Solutions at 877-826-9700 ext. 1.
We advise you that your credit card or bank account billing statement will show a charge item that displays the name of the merchant account of the payee. If you are unsure of that name, you agree to contact payee before processing this transaction so as to be sure to recognize the transaction when it appears on your monthly statement.
The Company reserves the right to cancel your transaction processing account at any time for any reason. Your payee may also decline/refuse any and all payments at any time and for any reason at which time we will return the payment amount entered into the Payment Gateway, minus convenience fees paid, in an appropriate and reasonable time frame.
The Company reserves the right to refuse processing service to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments must be deleted before use of service is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving - otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place. You agree to indemnify and hold us harmless for any recurring payments that are charged by accident or because you failed to cancel your recurring payment. You can cancel your service by calling Property Solutions at (877) 826-9700 ext. 1 or sending an email to firstname.lastname@example.org. The payment service may be cancelled, without notice at the sole discretion of the Company or Property Solutions.
If you believe a transaction was made improperly, the Company or Property Solutions in its sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if such actions can reasonably and efficiently handle said problem.
Both you and payee mutually reserve the right to cancel, reverse or halt any and all checking or savings account or credit card transactions that have been cleared through the Payment Gateway.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of these Terms or any law. We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.
The Company will not be liable for performance of services where delayed by war, riot, embargoes, strikes, or acts of our vendors and suppliers, concealed acts of workmen (whether ours or others), or accidents. The indemnification provided for in this article shall survive any termination of these Terms. You declare the following:
- That all representations and statements made by you or on your behalf in these Terms, or in any other document relating hereto, are true, accurate and complete in all material respects.
- Where applicable and appropriate, you agree to maintain and promptly update your registration or payment information to keep it true, accurate, current and complete.
- Failure to provide or maintain accurate and current data that is being passed to and from you will result in breach even if we have been advised of the possibility thereof.
The Company reserve the right to suspend or terminate any account or transaction from you if you provide us with information that is untrue, inaccurate, not current or incomplete. You may not use the Payment Gateway for any illegal purpose or in any manner inconsistent with the terms and conditions set forth in these Terms. You agree that our services shall only be used for lawful purposes. Any transaction or transmission which violates federal, state or local laws is expressly prohibited. You hereby authorize us to investigate and confirm the information herein. For this purpose we may utilize credit bureau/reporting agencies and/or our own agents. Upon your request, we will provide you with a copy of the results of such investigation if needed. However, you must request such documentation within fourteen (14) days of becoming aware of the investigation.
Any claim or legal action arising out of disputes, failures, misrepresentations, malfunctions, or defects shall be waived and in no event shall our liability exceed the total amount in convenience fees you paid to us hereunder.
You agree, as a company and/or as an individual, to defend, indemnify, and hold us harmless from any and all claims resulting from your use of any services contemplated under these Terms, which cause damage to you or any other party. We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.
We retain full ownership of all data submitted by you through the Payment Gateway.
DISCLAIMERS OF WARRANTIES.
THE COMPANY PROVIDES THE SITE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, COMPANY ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.
LINKS TO THIRD PARTY SITES.
As a convenience, the Company may provide links to third-party websites from the Site. We are not responsible for and do not endorse the informational content or any products or services available on any third-party website and do not make any representations regarding its content or accuracy. We take no responsibility and assume no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained on such sites. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Company websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter on such third-party sites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when leaving our Site of the privacy statements and terms and conditions of each website that collects personally identifiable information.
WAIVER AND RELEASE OF LIABILITY
YOUR ACCESS AND USE OF THE SITE IS AT YOUR OWN RISK. To the fullest extent permitted by law you hereby waive and release us from any and all claims, losses, costs or damages of any nature whatsoever resulting from or in any way related to your use of this Site. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. The Company will not be liable to you for loss of profit or revenue, loss of business opportunity, loss of use, product liability, or for any incidental, special, indirect, punitive or consequential damages arising out of or in connection with your use of this Site. The ratings and reviews posted on the Site are opinions and could be changed by a third party. If you choose to live at the property based on the ratings or reviews posted here, the Company is not liable for any actions arising from this service. Third parties will have access to view any ratings and reviews that you post on this Site, and Company is not liable for any actions or liability that may arise from such access. Company is not liable for the information contained in this Site that is posted by third parties, and no warranties arise from this service, including if the information is false. This waiver and release shall apply to all claims, whether under the law of contract, equity, tort, strict liability or otherwise.
EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY, ITS EMPLOYEES, AGENTS, OFFICERS, OR REPRESENTATIVES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
MISCELLANEOUS; ENTIRE AGREEMENT.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of the Company. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of the Company will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
If any part of these Terms is determined to be invalid or unenforceable, 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 will continue in effect. These Terms (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and us with respect to the Site and supersedes all other prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us regarding the Site and/or any order you place through it.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
The Company makes reasonable efforts to comply with all payment processing rules and regulations.
GOVERNING LAW; FORUM AND VENUE SELECTION
Your access to this website is governed by all applicable federal, state and local laws. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Any dispute between you and us regarding the content or use of this website may be resolved by mediation, with hearings held in the English language in the United States of America and shall not be joined with any dispute that any other person or entity may have with us.
You agree that any cause of action arising out of or relating to these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Jurisdiction of any legal proceeding arising hereby shall be exclusively adjudicated in Dallas, Texas, United States of America. You hereby agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in the County of Dallas, in the State of Texas. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
For questions or concerns about the use of personal information or about these Terms, please contact by phone at 469-250-5500.
TEXT MESSAGE SYSTEM
The message you received on your phone was sent to you by Company, because you signed up to receive messages either on a property's website or because you opted-in to an SMS service by sending a text with a KEYWORD to 51378. Message and data rates may apply.
If you believe the message reached you in error, please do one of the following:
Text HELP to 51378 for help via SMS message
Text STOP to 51378 to end all communication via text message
If you are a resident of the property sending you text messages, you can manage all of your notifications from within ResidentPortal™. Log in to your property and go to your profile tab. Under the SMS settings block, click "Edit" and un-check the services you would like to opt-out of. You can manage which messages you would like to be subscribed to in the same place.
How did I get subscribed to your Service?
There are two ways you can opt-in to our services. The first is via the web (on a form).
The second is by texting a keyword to the shortcode 51378.
Am I being charged for these messages?
That depends on the standard SMS rate plan you have setup with your carrier/provider.
Neither Company nor a property involved in these messages is directly charging you to receive these messages. However, standard message and data rates do apply for our services.
Terms and Conditions for message texting.
You must be 13 years or older and a legal resident of the United States of America to receive/send text messages in affiliation with any of these subscriptions. By your participation in these property subscriptions, you certify that you are at least 13 years of age and meet any other age and residency requirements of the property.
You acknowledge that SMS messages are distributed via third party mobile network providers and, therefore, the property cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully. Please see the carriers section below for information regarding supported carriers.
The property does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
Neither your apartment complex nor Company charges a fee for any of the subscriptions listed above. Message and Data Rates May Apply.
You may receive up to 10 messages per month for all services. This varies by subscription level and resident status.
Contact the property you receive these messages from directly, or email websitesupport @ monogramres.com.
Cellular One (Dobson)
Unicel (Rural Cellular Corporation)
Cellular One of East Central Illinois
West Central Wireless