Last updated: June 07, 2022
Please read these Terms of Use carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Texas, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to JLC Real Estate, Inc DBA Apartment Agents, 2626 COLE AVE STE 370 DALLAS, TX 75204.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website and information offered to tenants and prospective tenants regarding various rental properties and amenities, as well as certain events, policies, and financial, logistical and operational matters.
Properties refer to third-party independently owned and operated rental communities.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Apartment Agents, accessible from www.apartmentagents.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Intended Use
This Website provides information about apartment finding services and uses the information that you provide to put you in contact with our licensed real estate agents and/or brokers and potential apartment communities. Your submission of information does not automatically create a brokerage relationship with Us or any particular broker/agent. Our independently contracted agents and/or brokers are governed by the rules and regulations of the Texas Real Estate Commission.
You understand the use of Apartment Agents Website and Services by you does not create a landlord-tenant relationship, nor does it constitute an offer to lease any Property. All leasing decisions are between you and each Property, completely exclusive of us.
You understand that any statements by Company and/or employees, agents and/or brokers, and affiliates are provided for informational purposes only. We do not accept any liability whatsoever for any harm that might result from any statements presented on the Website, including any descriptions of Services, Properties, or any third-party services or products posted on or offered through our Site.
Use of Information and Materials on our Site
The information contained on our Website is subject to change without notice. While We make every effort to ensure that the information on our Website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided. The Website is intended for personal and non-commercial use only. The Content provided on this Website is to be used for informational purposes only.
Apartment Agents grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to view, use, and print individual pages of the Website for your personal, non-commercial use. Unless otherwise noted, the design of and all materials on this Website, including, but not limited to, text, slogans, graphics, images, icons, photographs, videos, and other materials, and the copyrights, trademarks, service marks, and other intellectual property are owned, controlled or licensed by Apartment Agents or other providers of such material. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or exploit the content in any way.
Any unauthorized use of our Website and systems including, but not limited to, unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Website, is strictly prohibited. This license does not include and strictly prohibits any resale or export of the Website or its content; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms of Service are reserved and retained by Apartment Agents and its licensors, suppliers, and content providers. Apartment Agents reserves the right to terminate this license and your access to the Website in the event you fail to comply with any of these Terms of Service or our Privacy Policy and reserves the right to pursue all legal remedies for any unauthorized use and commercial exploitation of our Websites content.
Notice and Electronic Communications
When you visit this Website or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from Us and our independently contracted real estate agents and/or brokers, affiliates, service providers, and properties electronically. We will communicate with you in a variety of ways, such as by e-mail, text, Third-party Social Media Services, and by posting information on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may opt out of electronic and future communications from Us, including special offers, or request the removal of your information from our database, by sending an email to: [email protected].
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Company, our Directors, Officers, Employees, Affiliates, Agents and/or Brokers, or service providers suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. This also includes any damage or harm that you may suffer from residing in any apartment community after utilizing any services we offer on the site, such liability is expressly denied.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Jurisdiction and Governing Law
The Website is controlled and operated by Apartment Agents from its offices in Dallas, Texas. All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with applicable federal law and the laws of the state of Texas without regard to any choice or conflict of law provisions or rules. By accessing or using this Website, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the State of Texas and County of Dallas, for all disputes arising out of or relating to the Website, these Terms of Service, and any dispute of any sort that might arise between you and Apartment Agents that are heard in court. You waive any and all objections to the exercise of jurisdiction over you by such court and to the venue of such court.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
No Class Actions. TO THE EXTENT ALLOWABLE BY LAW, YOU EXPRESSLY AGREE THAT YOU SHALL NOT, AND YOU HEREBY WAIVE ANY RIGHT TO, PURSUE CLAIMS OR DISPUTES AGAINST APARTMENT AGENTS ON A CLASS-WIDE BASIS (JOIN YOUR CLAIM WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY) OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. No Trial by Jury. To the extent permitted by law, if a claim proceeds in court, we each also waive any right that we may have to trial by jury in any lawsuit or other proceeding.
International Law
This Website and its content are intended to comply with U.S. laws and regulations. If you are a non-U.S.-based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. Apartment Agents makes no representation that materials on this Website are appropriate or available for use outside of the United States.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
Apartment Agents may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and without notice. If a revision is material We will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access this Website or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
Apartment Agents
Attn: Legal
5605 FM 423 STE 500 PMB #297
FRISCO TX 75036-8976
and
Email: [email protected]