Acceptable Use Policy
This Acceptable Use Policy sets forth guidelines for the acceptable use of The Village’s websites, including but not limited to www.thevillagedallas.com (collectively, the “Site”). This Acceptable Use Policy (“Policy” or “Agreement”) is a binding contract between PC Village Apartments Dallas, LP a Texas limited partnership and Dallas Village Green LLC (“The Village”, “we”, “us”, or “our”) and you (“you” or “your”). By using the Site, you agree to be bound by this Policy. If you do not agree to the entirety of this Policy, you are not authorized to use the Site. The Village provides the information and services on the Site to you conditioned upon your acceptance, without modification, of this Policy. This Policy may change from time to time and it is your responsibility to review it when conducting business on the Site.
By using the Site, You agree to the following:
1. Agreement to Deal Electronically; Electronic Communications and Notices.
All of your submissions or 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 the remainder of this Policy 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, you agree to print or make an electronic copy of this Policy and any other contract or disclosure that we are required to provide to you.
By clicking “Submit” or “Start Live Chat” on any step of a transaction within this Site, you agree to conduct such transaction by electronic means. You understand that by clicking any box titled “I agree to the Acceptable Use Policy,” or by submitting a query that is made subject to this Policy, you are agreeing to this Policy, agreeing to conduct an electronic transaction, and agreeing 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 or phone number you have provided. You understand that you may refuse to conduct other electronic transactions in the future. Your submission to and activity on the Site is subject to your acceptance of this Policy, which is agreed upon when you proceed with your transaction.
Except as otherwise provided in this Policy, we will give you any notices regarding the Site by posting them on the Site. You also authorize The Village to send notices 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.
2. License to Use the Site.
We hereby grant you a limited, revocable, non-transferable, non-sublicenseable license, under the rights The Village has in the Site’s content, to view and use the Site solely for the purpose of acquiring information in accordance with this Policy. The Site is intended only for individual, non-commercial use. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. As between you and The Village, we retain all right, title, and interest in and to the Site and any content, images, trademarks, or service marks appearing on the Site. Except as provided in this Policy, 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 and foreign laws and all rights not expressly granted are reserved by The Village, its affiliates, and its partners. Subject to applicable law, The Village 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 in this Section 3 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 this Policy, neither The Village 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 may, at any time and without notice to you, terminate and revoke the license set forth in this Section 3 if:
We believe in our sole discretion that you have violated this Policy 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; or
Requested by law enforcement or other government agencies.
3. Inquiries; Exchange of Information.
If you make an electronic inquiry regarding the availability or price of an apartment for rent, no guarantees are made to you that an apartment for rent is or will be made available at a particular price. You understand that apartment availability and pricing is subject to change at any time without notice. If you are applying for a lease, no guarantees are made to you that an apartment for rent is or will be made available. You understand that you will acquire no rights in or to an apartment for rent until you accept and sign a rental agreement and pay all applicable application fees and security deposits. You further understand that false, fraudulent, misleading, or incomplete information may be grounds for denial of tenancy or subsequent eviction.
4. Submission of Comments; Prohibited Content and Conduct.
Any comments or information that you provide to The Village, including but not limited to feedback or ideas in response to a customer survey regarding the Site, apartment or content reviews, suggestions, ideas, concepts, or other information, are collectively deemed “Submissions.” Subject to applicable law, 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.
Under no circumstance are we responsible for any Submission to the Site or for the content or accuracy of that Submission, nor shall we be held liable for any of the claims made therein. The views and opinions expressed by any Submission are solely those of the original contributor. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Submissions. You understand that by using the Site, you may be exposed to Submissions that might be offensive, harmful, inaccurate, or deceptive. Submissions made directly to the Site, such as ratings or reviews, may be deleted in our sole and absolute discretion.
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 are or appear to be:
untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or discriminatory or otherwise objectionable;
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 this Policy;
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;
Take any action that 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; or
Use the Site for any illegal purpose or in any manner inconsistent with the terms and conditions set forth in this Policy.
You agree that the Site and our services shall only be used for lawful purposes. Any transaction or transmission that violates federal, state, or local law is expressly prohibited. 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.
In the event that you participate in any of the prohibited conduct described above or otherwise violate this Policy, The Village, in its sole and absolute discretion, may:
Suspend or terminate your access to the Site by blocking the IP address associated with your computer or device;
Refuse to fulfill any requests for information, whether through an online submission page, live chat feature, or other means;
Remove Submissions made directly to the Site; and
Exercise any other remedies available to it at law or in equity.
5. Your Representations and Warranties.
You represent and warrant for the benefit of The Village and The Village’s vendors 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 this Policy;
You will not use the Site for any purpose that is unlawful or prohibited by this Policy; and
Where applicable and appropriate, you will maintain and promptly update your contact information to keep it true, accurate, current, and complete.
You agree to defend, indemnify, and hold harmless The Village, its officers, directors, employees, agents, licensors, and suppliers, from and against any losses, costs, expenses, damages, or liabilities (including, without limitation, reasonable legal and accounting fees) suffered or incurred in connection with all claims, demands, suits, or proceedings arising out of or in connection with your use of the Site, your use of any services provided by the Site, or your violation of this Policy or any law. The indemnification provided for in this article shall survive any termination of this Policy.
8. Disclaimer of Warranties.
THE VILLAGE PROVIDES THE SITE “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE 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, INCLUDING ANY LATITUDE AND LONGITUDE CONTENT. WE MAKE 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, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU AGREE THAT IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIALS, EQUIPMENT, OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
9. Links to Third Party Sites.
As a convenience, we may provide links to third-party websites, such as Facebook, Twitter, Pinterest, or any other third party web site, 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-The Village websites. Your use of third-party websites is at your own risk and subject to the acceptable use policies, terms and conditions, and/or privacy policies 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. The Village hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third parties.
10. Waiver and Release of Liability; Damage Exclusions; Limitation of Liability.
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE VILLAGE, 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, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER LOSSES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), OR STRICT OR PRODUCT LIABILITY. WE ARE NOT LIABLE FOR UNAUTHORIZED ACCESS OF FACILITIES OR TO YOUR DATA OR PROGRAMS DUE TO ACCIDENT, ILLEGAL, OR FRAUDULENT MEANS OR DEVICES. WE ARE NOT 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. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE VILLAGE’S AGGREGATE LIABILITY EXCEED $1,000.
11. Entire Agreement
If any part of this Policy 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 the Policy will continue in effect. This Policy (including any related consents or agreements that you provide during your visit to the Site) constitute 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 request or Submission you place through it.
12. No Waiver
The failure of any party to exercise or enforce any right or provision of this Policy, 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 this Policy for your records.
If we provide a translation of this Policy into a language other than English, this translation will be provided for convenience only. Your relationship with us will be governed by the English language version of the Policy, and if there is any contradiction between the English language version and a translated version, the English language version shall take precedence.
14. Governing Law; Forum and Venue Selection
Your access to this website is governed by all applicable federal, state, and local laws. This Policy 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 Dallas, Texas (Dallas County), 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 this Policy 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 (Dallas County), United States of America. You hereby agree that any action at law or in equity arising out of or relating to this Policy 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.
15. Equal Housing Opportunity Communities
We go to great lengths to comply with the Fair Housing Act, which prohibits “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination.”
We support Equal Housing Opportunity and encourage users of the Site to follow appropriate guidelines to comply with the Fair Housing Act, as well as any applicable state and local regulations. All renters are hereby informed that all property rental offers are available on an equal opportunity basis.
15.1 Property Owner’s & Manager’s Responsibilities
We have a responsibility and a requirement under the law not to discriminate in the rental of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. Moreover, we will not establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.
15.2 Renter’s Rights
As someone seeking to rent an apartment, home, or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.
15.3 Civil Rights Act of 1866
The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
15.4 The Fair Housing Act
The Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.
15.5 Americans with Disabilities Act
Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.15.6 The Equal Credit Opportunity Act
The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.
15.7 State and Local Laws
State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.
16. Contact Us
For questions or concerns about the use of personal information or about these this Policy, please contact email@example.com.
17. Effective Date and Changes to this Policy
This Acceptable Use Policy is effective as of November 30, 2015. You are bound by the version of this Policy that is in effect on the date of your visit to the Site. The Village reserves the right to modify the terms of this policy at any time and in our sole discretion by posting a change notice to this page. Your continued use of the Site following our posting of a change notice will constitute binding acceptance of those changes.