Terms of Service &
Privacy Policy
The following Terms
of Service (“Terms”) and privacy policy (“Policy”) governs the information
practices used on www.liveatlegacypark.com (the “Website”) operated
by the Jefferson Apartment Group and its subsidiaries, affiliates and related entities (referred to herein as
"JAG", "we", "us", or "our") and
applies to information, products and services (collectively, “Services”)
provided by JAG in the U.S. and any videos, information, text, graphics, photos
or other materials uploaded, downloaded or appearing on the Services
(collectively referred to as "Content") as set forth in the Terms for
the Website. Throughout the terms and
this Policy, we refer to information that personally identifies you as
"personal information". All
capitalized terms not otherwise defined in this Policy shall be as set forth in
the above Terms for the website.
READ THESE TERMS
CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SERVICES
PROVIDED BY US THROUGH THE WEBSITE. IF
YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE
SERVICES. We may modify these Terms from time to time and your continued use of
the Services following such change shall signify your agreement to be bound by
the modified Terms.
I.
Terms of Service
General.
You are responsible
for your use of the Services, and for any Content you provide to the Services,
and for any consequences thereof. The Content you submit will be viewed by us
and through third party services and websites. You should only provide Content that
you are comfortable sharing with others under these Terms. JAG will not be
responsible or liable for any use of your Content by JAG in accordance with
these Terms. You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content that you
submit. You hereby agree to indemnify,
defend and otherwise hold us harmless from any and all demands, claims and
actions by third parties (individually and collectively, "Claims"),
and all liabilities, judgments, damages, fines, penalties, costs and expenses
(including reasonable attorneys’ fees) incurred by such third parties in
connection therewith (individually and collectively, "Liabilities"),
resulting from any Claim that your Content infringes on the intellectual
property or other proprietary rights of any third party, including any right of
privacy.
You may use the
Services only if you can form a binding contract with us and are not a person
barred from receiving services under the laws of the United States or other
applicable jurisdiction. If you are accepting these Terms and using the
Services on behalf of a company, organization, government, or other legal
entity, you represent and warrant that you are authorized to do so. You may use
the Services only in compliance with these Terms and all applicable local,
state, national, and international laws, rules and regulations.
The Services may
include advertisements, which may be targeted to queries made through the
Services, or other information. The types and extent of advertising by us on
the Services are subject to change, and are governed by our Privacy Policy set
forth below.
Passwords
You are responsible
for safeguarding the password or credentials that you use to access the
Services and for any activities or actions under your account. We encourage you
to use "strong" passwords (passwords that use a combination of upper
and lower case letters, numbers and symbols) with your account. We cannot and
will not be liable for any loss or damage arising from your failure to comply
with the above requirements.
Our Rights
All right, title,
and interest in and to the Services (excluding Content provided by users) are
and will remain the exclusive property of JAG and its licensors. The Services
are protected by copyright, trademark, and other laws of both the United States
and foreign countries. JAG reserves all rights not expressly granted in these
Terms. You acknowledge and agree that any feedback, comments, or suggestions
you may provide regarding JAG, or the Services is entirely voluntary and we
will be free to use such feedback, comments or suggestions as we see fit and
without any obligation to you.
Copyright Policy
JAG honors the
requirements set forth in the Digital Millennium Copyright Act. We respect the intellectual property rights of
others and expect users of the Services to do the same. We will respond to
notices of alleged copyright infringement that comply with applicable law and
are properly provided to us.
Our designated
copyright agent for notice of alleged copyright infringement appearing on the
Services is:
Copyright Agent –
JAG
Email:
jaginfo@jagllc.com
If you believe that
your Content has been copied in a way that constitutes copyright infringement,
please provide us with the following information:
(i) a physical or electronic signature of the copyright owner
or a person authorized to act on their behalf;
(ii) identification
of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
(iv) your
contact information, including your address, telephone number, and an email
address;
(v) a statement by you that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is
accurate, and, under penalty of perjury, that you are authorized to act on
behalf of the copyright owner.
We reserve the right
to remove Content alleged to be infringing without prior notice and at our sole
discretion. In appropriate circumstances, we will also terminate a user's
account if the user is determined to be an infringer.
Disclaimers & Limitations of Liability
Please read this
section carefully since it limits the liability of JAG and its parents,
subsidiaries, affiliates, related companies, officers, directors, employees,
agents, representatives, partners, and licensors (collectively, the JAG
Entities"). Each of the subsections below only applies up to the maximum
extent permitted under applicable law. Some jurisdictions do not allow the
disclaimer of implied warranties or the limitation of liability in contracts, and
as a result the contents of this section may not apply to you. Nothing in this
section is intended to limit any rights you may have which may not be lawfully
limited.
Your access to and
use of the Services or any Content is at your own risk. You understand and
agree that the Services are provided to you on an "AS IS" and
"AS AVAILABLE" basis. Without limiting the foregoing, THE JAG
ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
The JAG Entities
make no warranty and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness,
security or reliability of the Services or any Content;
(ii) any harm to your computer system, loss of data, or other
harm that results from your access to or use of the Services, or any Content;
(iii) the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the Services;
(iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained from the JAG Entities or through
the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE JAG ENTITIES SHALL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY
LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY
LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY
CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION,
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE
OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF THE JAG ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS
(U.S. $100.00).
THE LIMITATIONS OF
THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON
WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND
WHETHER OR NOT THE JAG ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF
THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Termination
We may stop
(permanently or temporarily) providing the Services (or any features within the
Services) to you or to users generally and may not be able to provide you with
prior notice. We may cease providing you with all or part of the Services at
any time for any reason, including, but not limited to, if we reasonably
believe: (i) you have violated these Terms, (ii) you create risk or possible
legal exposure for us; or (iii) our provision of the Services to you is no
longer commercially viable. We will make reasonable efforts to notify you by
the email address associated with your account or through the Services the next
time you attempt to access your account. In all such cases, the Terms shall
terminate, including, without limitation, your license to use the Services,
except that the following sections shall continue to apply: “General”, “Our
Rights”, Copyright Policy”, “Disclaimer & Limitation of Liability” and “Termination”.
Nothing in this
section shall affect JAG's rights to change, limit or stop the provision of the
Services without prior notice.
II.
Privacy Policy
Our Commitment to Privacy
We
at JAG respect the privacy of your personal information. We provide this
explanation about our online information practices regarding our Website as a
show of our commitment to protect your privacy.
We
do not sell or rent individual identification information collected during your
use of our Website without your permission.
The Information We
Collect
At
the time you send us a communication through our Website, we collect and store
such information as you may provide, which (depending on the circumstances) can
include your name, address, telephone number, e-mail address. We may also collect other individual
non-personal information, such as the date of your move and size of apartment
desired.
In
addition, we may automatically gather general statistical information about our
Website and visitors, such as IP addresses, browsers, computer operating
system, pages viewed, number of visitors, but in doing so we do not reference
you by individual name, e-mail address, home address, or telephone number. We
use this data in the aggregate to determine how much our customers use parts of
our site so we can improve our site.
The Way We Use Your
Information
We
use the information we collect about you for the following purposes:
· to send you personalized information about our properties or services
that we believe may be of interest to you such as through e-mail alerts and
news updates;
·
to process your rental application or your request for payment;
·
to respond to your feedback or requests for information about our
properties;
·
to communicate to you important information regarding the site, changes
to our Privacy Policy, and/or other administrative information;
·
to statistically analyze site usage, to improve our content and to
customize our site’s content, layout, and services.
·
for risk control, to enforce our terms of use, to comply with laws and
regulations and to comply with other legal process and law enforcement
requirements. We may disclose or access
information whenever we believe in good faith that the law so requires or if we
otherwise consider it necessary to do so to maintain service and improve our
products and services.
We
may also ask you to provide us voluntarily with additional information
regarding your interests, experience or requests which we may use to customize
our service to you.
We
may provide this statistical information to third parties, but when we do so we
do not provide individual identification information without your permission.
We
use your IP address to help diagnose problems with our server, to manage our
Website and to enhance our site based on the usage pattern data we receive.
Disclosure of Your
Personal information to Third Parties
We
do not sell or trade your personal information to third parties. This does not
include trusted third parties who assist us in operating our website,
conducting our business, or servicing you, so long as those parties agree to
keep this personal information confidential.
We may also release your personal information when we believe release is
appropriate to comply with the law, enforce our site policies, or protect ours
or others rights, property, or safety. However, non-personally identifiable
information may be provided to other parties for marketing, advertising, or
other uses. In the event of a sale, purchase, merger, or other reorganization
of any business or property owned by any entity affiliated with JAG, personal
or other information may be among the assets transferred to the purchaser(s) of
such business or property.
Your Choices Concerning
Our Use of Your Personal information
Outside
of information we send to you at your request, we may use your personal
information to deliver information to you that, in some cases, is targeted to
your interests through promotional offers.
If you do not wish to receive such communications, you can opt out by
following the unsubscribe instructions at the end of our e-mail communications
or by contacting us at jaginfo@jagllc.com.
The
accuracy of the personal information we collect about you is important to us.
To review, update, correct or delete this personal information, you can contact
us at: jaginfo@jagllc.com. We reserve the right not to allow access to your
personal information if we believe in good faith that such disclosure is
prohibited by law or if the rights of another individual might be violated.
Your
account can be deleted or deactivated but doing so will result in your not
being able to access member services.
Should you choose to cancel your account registration to our site, you
may also request the deletion of your personal information by sending an email
to jaginfo@jagllc.com. After we remove
your personal information, some residual information may remain in our archives
and records, but this information will not be used for any commercial purpose.
We reserve the right to maintain information on registered visitors who have
violated any of our policies or who have had their access to the site blocked.
If
our site requests your consent to receive text messages on your telephone(s),
you can manage all such notifications by signing into your account. You may
opt-out of receiving further messages at any time by following the instructions
provided within the resident portal. Standard message and data rates may apply
to these messages. Your wireless carrier and other service providers also collect
data about your text message usage, and their practices are governed by their
own privacy policies.
Security of Your Personal
information
We
employ reasonable and current security methods to prevent unauthorized access,
maintain data accuracy, and ensure correct use of personal information. [IF
APPLICABLE: We employ encryption technology, protecting data at each point of
transfer. Data is collected on our site using SSL (Secure Sockets Layer)
security.]
We
restrict access to personal information about you to those employees who need
to know that information to provide products or services to you. Our employees
maintain appropriate physical, electronic, and procedural safeguards to guard
your personal information.
Whenever
you voluntarily disclose personal information online - for example on message
boards, through e-mail or in chat areas - that information can be collected and
used by others. Although we may or may
not provide such functionality through our Website, you should be aware of
these risks.
No
data transmission over the Internet or any wireless network can be guaranteed
to be perfectly secure. As a result, while we try to protect your personal
information, we cannot ensure or guarantee the security of any information you
transmit to us, and you do so at your own risk.
Third Party Websites and
Their Practices
This
Policy only applies to JAG and our Website.
Our Website has links to other websites for associated apartment
properties including, by way of illustration and not limitation, properties
available for lease, to assist us in processing apartment lease applications
and to facilitate payment of rent (each, a “Third-Party Website”). The privacy policy of any Third-Party
Website, or that of an advertiser or promotional service appearing at our
Website, may differ from this Policy. We strongly encourage you to read that
policy before responding to the offer or otherwise providing any personal
information.
As
we do not manage or control any Third-Party Websites, 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 such content or accuracy whatsoever. 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 sites. 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 Websites.
How We Use Cookies and
Other Tracking Technologies
Cookies are small files that a site or its service provider
transfers to your computer’s hard drive through your Web browser (if you allow)
that enables the sites or service providers systems to recognize your browser
and capture and remember certain information. We use cookies in a variety of
ways, such as to compile aggregate data about site traffic and site interaction
so that we can offer better site experiences and tools in the future. We may
contract with third-party service providers to assist us in better
understanding our site visitors. These service providers are not permitted to
use the information collected on our behalf except to help us conduct and
improve our business.
You
may set your browser not to accept cookies or to notify you when you receive
cookies, giving you the opportunity to decide whether to accept cookies, but if
you do not accept cookies, your experience at this site may be degraded.
We
may also use pixel tags (also known as "clear gifs," "web
beacons" or "1-by-1 gifs"). These may be used in connection with
certain pages of our site or with email messages to measure the effectiveness
of our communications, to compile statistics about usage and response rates,
and to assist us in resolving issues that may arise on this site.
An
IP address is an identifier for a computer or device on a Transmission Control
Protocol/ Internet Protocol ("TCP/IP") network, such as the World
Wide Web. We use IP addresses to analyze trends, administer the website, track
user movement, and gather broad demographic information for aggregate use.
We Do Not Target Children
Under 13
Our website, products and services are all directed to people who
are at least 18 years old or older.
Notwithstanding the foregoing, we have no way of distinguishing the age
of individuals who access our Website, and so we carry out the same Policy for
individuals of all ages. Our services are not directed to children under the
age of 13. If a child has provided us with individual identification
information without parental or guardian consent, the parent or guardian should
contact us to remove the information and opt out of promotional opportunities
(if any).
Changes to Our Policy
We
may update this Policy from time to time. Your continued use of this Website
after any such updates shall be subject to the revised Policy, but information
collected before changes are made will be secured according to the previous
Policy. We encourage you to periodically visit our Website to review this
Policy to review any changes of our Privacy Policy.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our
website and not to information collected offline.
Your Consent
By
using our Website, you consent to the collection and use of this information in
the manner we describe.
Contact Us
If
you have any questions or concerns regarding this Policy, please contact
jaginfo@jagllc.com.
Last modified: 4-23-21