Terms and Conditions of Use
User Agreement
PLEASE READ THIS USER AGREEMENT AND PRIVACY POLICY (THE
“AGREEMENT”) CAREFULLY PRIOR TO USING THIS WEBSITE OR ANY OTHER SERVICE
OR MATERIALS PROVIDED ON THIS SITE.
BY PLACING A CHECK IN THE “I AGREE” CHECKBOX ON THE
WEBSITE AND THEREAFTER TRANSACTING BUSINESS , ENTERING DATA ON THIS SITE
OR USING ANY SERVICE ON THIS SITE, YOU (“USER” or “YOU”) HEREBY AGREE
TO BE LEGALLY BOUND BY THIS AGREEMENT WHICH INCORPORATES BY REFERENCE
THE PRIVACY POLICY POSTED ON THE SITE, AS BOTH ARE AMENDED FROM TIME TO
TIME. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE
BOUND BY IT, PLEASE DO NOT CLICK ON THE “I AGREE” BUTTON OR OTHERWISE
ENTER ANY INFORMATION ABOUT YOURSELF OR YOUR COMPANY OR TRANSACT ANY
BUSINESS THROUGH THIS SITE.
General Usage Guidelines
You agree to adhere to the following guidelines when using the communications facilities on this Website:
- You may not defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
- You may not publish, post, advertise, distribute,
disseminate, or upload any defamatory, infringing, obscene, indecent or
unlawful material or information.
- You may not upload files that contain software or other
material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control all necessary rights to
the files or have received all necessary consents.
- You may not upload files that contain viruses, corrupted
files, or any other similar software, code, or programs that may damage
the operation of anothers computer.
- You may not delete or modify any author attributions,
legal notices or proprietary designations or labels in any information
that is published, posted, advertised, distributed, disseminated, or
uploaded.
- You may not falsify the origin or source of information or material published, posted, distributed, disseminated, or uploaded.
- You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
- You may not download any material or information
published, posted, distributed, disseminated, or uploaded by another
user that you know, or reasonably should know, cannot be legally
distributed in such manner.
You acknowledge and agree that all communications
facilities on this Website are public and not private communications.
You further acknowledge that information and material published, posted,
distributed, disseminated, or uploaded by other users are not endorsed
by Preferred Apartment Communities, Inc. (“PAC”), that such
communications shall not be considered reviewed, screened, or approved
by PAC, and that some people may find such communications to be
offensive or inappropriate. You agree that PAC is not responsible for
the contents or accuracy of any information or material from any third
party, and that PAC is not responsible for any results relating to or
arising out of any classified advertisements or other communications
facilities or information or material in this Website, or for the
quality of any products, information, or other materials displayed,
purchased, obtained, sold, or otherwise disposed of by you as a result
of any communications facilities or information or material in this
Website. Remember that people can access this Website and PAC material
of their choosing, including information that may be offensive,
incorrect, or misleading. You should use appropriate caution. You hereby
agree that any reliance or action or inaction by you in connection with
any such communications facilities or information or material in this
Website is at your sole risk. PAC reserves and has the right (but not
the obligation) for any reason or no reason to remove without notice any
communications, information, or material on this Website. PAC reserves
the right without notice and in its sole discretion to deny any user
access to this Website or any portion of this Website, or to refuse
links to this Website.
Fair Housing
PAC operates in accordance with the Fair Housing Act (The
Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act
of 1988), as well as all applicable state and local laws regarding fair
housing and equal opportunity.
IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE
OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, OR FAMILIAL
STATUS (“Familial Status” means one or more individuals under 18 living
with either a parent or other authorized person, and also applies to any
person who is pregnant or in the process of securing custody of a minor
child), TO ADVERTISE ANY PREFERENCE, LIMITATION, OR DISCRIMINATION
BASED ON ANY OF THE FOREGOING, OR TO ADVERTISE ANY INTENTION TO MAKE ANY
SUCH PREFERENCE, LIMITATION, OR DISCRIMINATION. State or local law may
provide additional protections.
PAC will not knowingly advertise for real estate in any
manner that violates the law. All persons are hereby informed that all
dwellings advertised on this Website are available on an equal
opportunity basis.
Accessibility at PAC
PAC is committed to ensuring that our residents and their
guests share equal access to the buildings, amenities, resources, and
activities available at our communities to the fullest extent possible.
PAC also recognizes that if our residents or their guests
have disabilities, they may have particular needs. PAC will work with
our residents to identify things that can be done to make our apartment
homes and the amenity areas more accessible or useable by our residents
or their guests with disabilities.
If you or your guest have a disability and you think that
an accommodation or modification might enhance access to or enjoyment of
your apartment or your PAC community, you may request it any time
during your residency.
Additional Conditions on Your Use of the PAC Website
This Website and the materials within it are the
copyrighted material of Preferred Apartment Communities, Inc.(“PAC” or
“we”, “us” or “our” or other such similar terms) or third parties.
Viewing this Website creates a copy of PAC’s materials in your
computer’s random access memory and/or in your hard drive and/or in your
proxy server.
PAC grants you permission to view this Website and to
print individual pages from this Website for your own personal,
noncommercial use, provided that you agree to and accept without
modification the notices, terms, and conditions set forth in this
agreement. You may not modify, copy (except as set forth in the
preceding sentence), distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, material, software, products or services from this Website.
Your limited rights granted under this Agreement do not include any
resale or redistribution of this website or its contents that are not
expressly permitted hereunder; any collection and use of any
descriptions or prices; any derivative use of this website or its
contents; any downloading or copying of account information for the
benefit of any third party; or any use of data mining, robots, or
similar data gathering and extraction tools. This website or any portion
of this website may not be reproduced, duplicated, copied, sold,
resold, visited, modified or otherwise exploited for any commercial
purpose without our express written consent. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other
proprietary information or materials (including images, text, page
layout, or form) of ours or of any third party on this website without
our express written consent. You may not use any meta tags or any other
“hidden text” utilizing our name or trademarks without our express
written consent. Any unauthorized use of this website terminates the
permission granted by us. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of this
website so long as the link does not portray us or any products or
services offered on the website in a false, misleading, derogatory, or
other manner which we deem offensive. You may not use any logo or other
proprietary graphic or trademark on the website as part of the link
without our express written permission. You will not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the website. You will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure.
Your use of this Website constitutes your agreement and
acceptance without modification of the notices, terms and conditions set
forth herein. In addition, as a condition of your use of this Website,
you represent and warrant to PAC that you will not use this Website for
any purpose that is unlawful, immoral, or prohibited by these terms,
conditions, notices or law. If you do not agree and accept without
modification the notices, terms and conditions set forth herein, do not
use this Website. Other than this agreement, PAC will not enter into any
agreement with you or obligation to you through this Website, and no
attempt to create such an agreement or obligation will be effective.
PAC, Preferred Apartment Communities, Preferred Apartment,
and the other PAC formatives used in this Website are service marks,
trade names or trademarks, whether or not registered, of PAC, or its
owners, or their parents, subsidiaries, or affiliates (collectively,
“PAC”). Other product and company names mentioned in this Website may be
the trademarks of their respective owners. PAC’s trademarks may not be
used without the express written permission of PAC’s corporate
management. Fair use of PAC’s trademarks requires proper acknowledgment.
Links to Third Party Websites
This Website may contain links to Websites operated by
parties other than PAC. Such links are provided for your reference only.
PAC does not control outside Websites, and is not responsible for their
contents. PAC’s inclusion of links to outside Websites does not imply
any endorsement of the material on the Websites or any sponsorship,
affiliation, or association with their owners, operators, or sponsors,
nor does PAC’s inclusion of the links imply that PAC is authorized to
use any trade name, trademark, logo, legal or official seal, or
copyrighted symbol that may be reflected in the links.
Information Available on This Website
PAC may make financial and other information available
through this Website. In some cases, the information may be audited. In
most cases it will not have been audited. You can identify these
forward-looking statements by the use of words such as “expects,”
“plans,” “estimates,” “anticipates,” “projects,” “intends,” “believes,”
“outlook” and similar expressions that do not relate to historical
matters. The information in this Website also may attempt to predict
trends. Predictions obviously may or may not prove to be accurate. PAC
considers portions of this Website to be forward-looking statements
within the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of The Securities Exchange Act of 1934, as
amended. Forward-looking statements are inherently subject to risks and
uncertainties, many of which cannot be predicted with accuracy and some
of which might not even be anticipated. Future events and actual
results, financial and otherwise, may differ materially from the results
discussed in the forward-looking statements. Statements regarding the
following subjects, among others, may be forward-looking: Our business
and investment strategy; our projected operating results; availability
of qualified personnel; local and national market conditions and trends
in our industry; demand for and lease-up of apartment homes, supply of
competitive housing products, and other economic conditions;
availability of debt and/or equity financing and availability on
favorable terms; changes in our asset values; our ability to maintain
our qualification as a REIT for U.S. federal income tax purposes;
estimates relating to our ability to make distributions to our
stockholders in the future; and economic trends and economic recoveries.
Additional discussions of risks and uncertainties appear
in our filings with the Securities and Exchange Commission, including
our final prospectus filed with the Securities and Exchange Commission,
under the headings “Risk Factors” and “Forward-Looking Statements.” PAC
does not undertake a duty to update forward-looking statements,
including its projected operating results. PAC may, in its discretion,
provide information in future public announcements regarding its outlook
that may be of interest to the investment community, the format and
extent of which may be different from the format and extent of the
information contained at this Website.
PAC also may make employment information available through
this Website. PAC is an equal opportunity employer. PAC provides equal
employment opportunity to qualified persons without regard to race,
color, religion, sex, national origin, age, veteran status, disability
or other protected status. PAC’s policy relates to all phases of
employment including recruitment, placement, promotion, training,
demotion, transfer, layoff, recall and termination, rates of pay,
employee benefits, and participation in all company-sponsored employee
activities.
PAC’s Warranty Disclaimer and Liability Limitations
THE INFORMATION AND MATERIALS IN THIS WEBSITE ARE PROVIDED
FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS
SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE
OPINIONS OF PAC OR ANY OF ITS AGENTS. THESE MATERIALS ARE NOT GUARANTEED
OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP-TO-DATE. YOU MAY NOT ACT
OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE, AND YOU
PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY
INFORMATION OR MATERIALS IN THIS WEBSITE. YOU MUST INDEPENDENTLY VERIFY
THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR
RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION
THEREWITH. THESE MATERIALS MAY BE CHANGED WITHOUT NOTICE AT ANY TIME.
PAC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
MATERIALS ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE
PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PAC
SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PAC SHALL
HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE
CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH
THIS WEBSITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER
DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS
WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL PAC OR ITS AGENTS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS WEBSITE, THE MATERIALS IN THIS WEBSITE, THE DELAY OR
INABILITY TO USE THIS WEBSITE, OR OTHERWISE ARISING IN CONNECTION WITH
THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF PAC OR ITS AGENTS HAVE BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You will indemnify, defend and hold us, our affiliates and
subsidiaries and their respective directors, officers, employees,
representatives, successors and assigns (collectively, “Indemnitees”)
harmless from any and against any claims, damages, losses, liabilities,
causes of action or injuries, together with all costs and expenses,
including penalties, interest levied, reasonable attorneys fees and
court costs, arising out of or resulting from your: (i) alleged breach
of your obligations, representations or warranties set forth in this
Agreement; (ii) alleged violation of any laws or rights of third parties
(including intellectual property rights) (iii) giving us any
information which is inaccurate; (iv) negligence or willful misconduct;
(v) violation of any law, regulation or right of any third party; (vi)
dispute with any third party, including parties selling goods or
services through this website; or (vii) use of this website or the
services of us or any third party.
Emails to PAC
Although PAC will in most circumstances be able to receive
your e-mail or other information provided through this Website
(including, without limitation, service requests and other submissions),
PAC does not guarantee that it will receive all such e-mail or other
information timely and accurately and shall not be legally obligated to
read, act on, or respond to any such e-mail or other information. Be
aware that Internet e-mail typically is not secure. PAC does not
generally receive encrypted e-mail so you should be cautious about the
e-mail and other information you send us through the Internet.
Privacy
Our current Privacy Policy is located at the “Privacy
Policy” section of this Website and is incorporated in this Agreement by
reference. We may change our Privacy Policy from time to time, as
stated therein.
In addition, except as otherwise provided in our Privacy
Policy, by publishing, posting, advertising distributing, disseminating,
or uploading any information or material to this Website, you agree
that PAC may in its discretion freely use, republish, make derivative
works from, or sell that information and material and anything derived
therefrom for its exclusive benefit or for the benefit or others.
Jurisdiction, Venue and Miscellaneous Terms
This Website resides on a server in Atlanta, Georgia, USA.
You agree that this agreement and your use of this Website are governed
by the laws of the State of Georgia, U.S.A. You hereby consent to the
exclusive jurisdiction and venue of the courts, tribunals, agencies, and
other dispute resolution organizations in Atlanta, Georgia, USA in all
disputes (a) arising out of, relating to, or concerning this Website
and/or this agreement, (b) in which this Website and/or this agreement
is an issue or a material fact, or (c) in which this Website and/or this
agreement is referenced in a paper filed in a court, tribunal, agency,
or other dispute resolution organization. Use of this Website is
unauthorized in any jurisdiction that does not give full effect to all
provisions of this agreement, including without limitation this
paragraph and the warranty disclaimers and liability exclusions above.
PAC has endeavored to comply with all legal requirements known to it in
creating and maintaining this Website, but makes no representation that
materials on this Website are appropriate or available for use in any
particular jurisdiction. Use of this Website is unauthorized in any
jurisdiction where all or any portion of this Website may violate any
legal requirements, and you agree not to access this Website in any such
jurisdiction. You are responsible for compliance with applicable laws.
Any use in contravention of this provision or any provision of this
agreement is at your own risk and, if any part of this agreement is
invalid or unenforceable under applicable law, 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 the agreement shall govern such
use.
PAC shall have the right at any time to modify or
discontinue any aspect of the Website or any part of the contents. PAC
may also modify these Terms and Conditions of Use without notice. You
agree to monitor these Terms and Conditions of Use, and to cease all
access or use of the Website if you no longer agree to abide by the
Terms and Conditions of Use. Your continued use of the Website shall
constitute acceptance of such modification.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and PAC as a result of this
agreement or your use of this Website.
User’s Information
“User’s Information” is defined as any information or
other material you provide to us or others in connection with this
website. Except as otherwise provided in our Privacy Policy, you are
solely responsible for User’s Information, and we act as a passive
conduit for the online distribution of User’s Information. We reserve,
however, the right to modify or remove from this website, all or any
portion of User’s Information or other material that we, in our sole
discretion, consider infringing, offensive, abusive, defamatory,
obscene, or otherwise unacceptable or unlawful. We also reserve the
right to edit User’s Information or other materials for any other reason
consistent with the purposes of this Agreement or this website.
Eligibility
We intend that this website and the materials and services
provided hereon be used by adults only and users that can form legally
binding contracts under applicable law. Without limiting the foregoing,
this website should not be used by minors. If you do not qualify, you
are not permitted to use this website and you do not have our consent to
do so.
Arbitration / Applicable Laws
PAC’s performance of this agreement is subject to all
applicable laws and legal process, and nothing contained in this
agreement is in derogation of PAC’s right to comply with law enforcement
requests or requirements relating to your use of this Website or
information provided to or gathered by PAC with respect to such use.
Any claim or controversy arising out of, relating to, or
concerning this Website and/or this agreement must be submitted to and
settled under binding arbitration in Atlanta, Georgia, U.S.A. in
accordance with the rules of the American Arbitration Association.
Subject to the rules of the American Arbitration Association, the
decisions of the arbitrators will be binding and conclusive upon all
parties involved, and judgment upon any decision of an arbitrator may be
entered in the highest court of any forum, federal or state, having
jurisdiction. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party, nor shall arbitration on a
class action basis be permitted.
Notices
Except as explicitly stated otherwise or in a separate
written agreement between you and us, any notices shall be given by
postal mail to us at 3625 Cumberland Boulevard, Suite 400, Atlanta,
Georgia 30339, Attention: General Counsel, and to you at the email
address you provide to us. Notice to you shall be deemed given 24 hours
after email is sent, unless we are notified that the email address is
invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided by
you. In such case, notice shall be deemed given three (3) days after
the date of mailing.
Entire Agreement / Severability and Waiver
This agreement constitutes the entire agreement between
you and PAC with respect to this Website. This agreement supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and PAC with respect to this
Website. No modification of this agreement shall be effective unless it
is authored by PAC, unless it is physically signed in blue ink by an
officer of PAC. Any alleged waiver of any breach of this agreement shall
not be deemed to be a waiver of any future breach. A printed version of
this agreement and/or of any notice given by PAC in electronic form
shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement or your use of this Website to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained by PAC in printed form.
I agree to the above Terms of Service:
