TERMS OF SERVICE
Last Updated as of: 11/20/2014
THESE TERMS AND CONDITIONS (THE “TERMS” OR “AGREEMENT”) ARE A LEGAL CONTRACT BETWEEN MONOGRAM RESIDENTIAL TRUST, INC., ITS SUBSIDIARIES AND AFFILIATES AND SNL FINANCIAL LC AND ICR, INC., WHICH ARE THE COMPANIES THAT UPDATE AND MAINTAIN CERTAIN INFORMATION, CONTENT, OR MATERIALS CONTAINED ON THE SITE (COLLECTIVELY, “COMPANY”, “WE” OR “US”) AND “YOU”. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL WWW.MONOGRAMRES.COM AS WELL AS ALL ASSOCIATED SITES LINKED THERETO BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”) WHERE WE HAVE POSTED THESE TERMS. BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS, INCLUDING ANY ADDITIONAL TERMS (INCLUDING END USER LICENSE(S)) THAT MAY APPLY TO ADDITIONAL SERVICES (“SERVICES”) PROVIDED HEREUNDER AND THAT YOU MAY BE REQUIRED TO ACCEPT SEPARATELY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
In the course or accessing and/or using the Site and the Services, we may obtain information about
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.
ELECTRONIC COMMUNICATIONS AND NOTICES
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, 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 post to the Site or provide any Submissions that are or appear to be the following, as reasonably determined by us, subject to applicable law:
- 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;
You must not do or attempt to do any of the following, as reasonably determined by us, subject to applicable law:
- 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 Companys’ 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.
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 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 reserves the right to suspend or terminate any account from you if you provide us with information that is untrue, inaccurate, not current or incomplete.
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 the Site or 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.
DISCLAIMERS OF WARRANTIES
THE COMPANY PROVIDES THE SITE “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKES 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 URGES 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 IS NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
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. 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.
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.
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.