Updated effective May 25, 2018
This Web Site is offered and available to adult users who are eighteen (18) years of age or older, and is not intended for or directed to anyone under thirteen (13) years of age. By using this Web Site, you represent and warrant that you meet this eligibility requirement and that you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations. If you do not meet this requirement you must not access or use the Web Site.
Accessing the Web Site and Account Security
We reserve the right to withdraw or amend this Web Site and any service or material we provide on the Web Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Web Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Web Site, or the entire Web Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Web Site.
In using our Web Site, you further agree that:
• You are permitted to create only one account for yourself, and you will not create more than one account for your individual use.
• You will not, without our express permission, create another account for yourself if we have disabled or otherwise restricted your account.
• You will not buy, sell, rent, or lease access to your account in any way.
• You will not share your account’s login credentials with others.
• You will log in and access the Web Site through only those means authorized by us, and you will not log in or attempt to access the Web Site through any unauthorized means.
Intellectual Property Rights
This Web Site and its entire contents, features, and functionality (including, but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AvalonBay, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials from our Web Site incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Web Site for your own personal non-commercial use and not for further reproduction, publication, or distributions.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
While we try to keep all content that we post on the Web Site accurate, complete and up to date, we cannot and do not guarantee, represent or warrant that any of the content on this Web Site is accurate, complete, timely or applicable to you.
Your Use of the Web Site
- You will not use our Web Site for the purpose of exploiting, harming, or attempting to exploit or harm any individual in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- You will not use the Web Site to harass, abuse, defame, stalk, or threaten others.
- You will not use the Web Site to transmit or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by us, may harm AvalonBay or users of the Web Site or expose any of them to liability.
- You will not use or attempt to use another user’s account without their permission.
- You will not solicit other users’ login credentials.
- You will not create an account using the name of another person with the intent of impersonating the other person, or create an account using any name that is offensive, vulgar, or obscene.
- You will not post content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
- You will access only those areas or features of the Web Site that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
Additionally, you agree not to:
- Use the Web Site in any manner that could disable, overburden, damage, or impair the Web Site or interfere with any other party’s use of the Web Site, including their ability to engage in real time activities through the Web Site.
- Use any robot, spider, or other automatic device, process, or means to access the Web Site for any purpose, including monitoring or copying any of the material on the Web Site.
- Monitor or copy any of the material on the Web Site for any unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Web Site.
- Compromise the security of the Web Site, including the introduction of any viruses, Trojan horses, works, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Web Site, the server on which the Web Site is stored, or any server, computer, or database connected to the Web Site.
- Attack or harm the Web Site via a denial-of-service attack, distributed denial-of-service attack, or any other means.
- Probe, scan, or test the security or vulnerability of our Web Site, including any Avalon system or network.
- Otherwise attempt to interfere with the proper working of the Web Site.
Information About You and Your Visits to the Web Site
Online Applications, Consents, Leases, Payments and Other Transactions
This Web Site may provide you with the option to electronically enter into agreements with us, such as certain transactions related to your proposed or actual rental of an apartment, including but not limited to an application to lease an apartment, certain consents related thereto, a lease agreement for an apartment, a renewal of a lease agreement, and/or payments related to your application for or lease of an apartment. The Web Site may also allow you to apply for employment with us. Your use of the Web Site to make applications and enter into such transactions with us is completely voluntary. However, if you make an application, or enter into any such transaction via this Web Site or through any link on this Web Site, you consent to doing so by electronic form, and to providing an electronic signature (which is any electronic action acknowledging agreement) in the form specified on this Web Site, rather than a handwritten signature. In addition you understand and acknowledge that all consents, applications and transactions that you enter into via this Web Site will be legally binding on you, just as if they were done on paper, and that your electronic acceptance in the form specified on this Web Site will be binding as though you had physically signed a paper document by hand.
Third Party Services & Links
AvalonBay is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of any third party website that may be accessed from the Web Site. Each linked entity has its own privacy policies, terms and conditions, and other policies that govern your use of their website and services. Each linked entity is responsible for the correctness, completeness, legality and accuracy of its own website. As such, AvalonBay makes no representation as to the accuracy or any other aspect of the information contained at such outside sites.
Avalon uses third-party payment service providers (“Payment Service Providers”) to process payments related to certain Transactions. All such Transactions are subject to the Payment Service Provider’s relevant terms and policies, which the Payment Service Provider may modify from time to time and at its sole discretion. By agreeing to these Terms, you agree to be bound by the Payment Service Provider’s relevant terms and policies related to your Transaction.
Disclaimer of Warranties
Except as may be expressly set forth otherwise in a written agreement between you and AvalonBay or an AvalonBay affiliates, AvalonBay has no special relationship with or fiduciary duty to you.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEB SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEB SITE LINKED TO IT.
YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AVALONBAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (i) ERRORS, MISTAKES OR INACCURACIES OF MATERIALS OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OUR SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEB SITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OTHER MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEB SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL AVALONBAY BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEB SITE, YOUR INABILITY TO USE THE WEB SITE OR ANY CONTENT APPEARING ON THE WEB SITE. IN NO EVENT WILL AVALONBAY BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
AVALONBAY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR WEB SITE. AVALONBAY IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.
We do not warrant that the Web Site will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through the Web Site. AvalonBay is not responsible for the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, the content of the Web Site, or other any other website that may be linked to on through the Web Site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. In no event will AvalonBay’s aggregate liability for any and all claims related to the Services exceed $100 US or the amount you paid to AvalonBay, if any, in the last 12 months, whichever is greater.
You agree to indemnify, defend, and hold AvalonBay, its, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys´ fees) and other costs arising out of or relating to (a) your access or use of the Web Site; (b) your content; (c) your breach of these Terms or the documents it incorporates by reference; (d) your negligence or misconduct; or (e) a claim that your use of the Web Site infringes the copyright, trademark, trade secret, patent or other rights of a third party. AvalonBay may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Digital Millennium Copyright Act
AvalonBay does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site.
If a person is a copyright owner or an agent thereof and believes that any content posted on the Web Site infringes upon another’s copyrights, such person may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing AvalonBay’s copyright contact with the following information in writing (see 17USC512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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;
- Information reasonably sufficient for us to contact the reporting person, such as an address, telephone number and, if available, email address;
- A statement that the reporting person has 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
- A statement that the information in the notice is accurate, and, under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all DMCA notices to AvalonBay’s copyright contact to receive notifications of claimed infringement (the “DMCA Contact”) at:
Attn: Digital Marketing
671 N. Glebe Road, Suite 800
Arlington, VA 22203.
Please be advised that DMCA notices should go to the DMCA contact at the above address. The complaining person acknowledges that in the event he/she fails to comply with all the requirements of this Section, such person’s DMCA notice may not be valid. We recommend that you speak to a legal advisor before filing a DMCA notice with our designated agent to assess your rights.
If the person who is allegedly infringing a copyright (as reported by the complaining person above) believes that content that was removed (or to which access was disabled) is not infringing, or that such person has access from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, the person responding to the complaint may send a counter-notice containing the following information the DMCA Contact:
- The responding person’s physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the responding person has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Such responding person’s name, address, telephone number, and email address, a statement that such responding person consents to the jurisdiction of the Federal District Court for the judicial district where the responding person’s address is located, and that the responding person will accept service of process from the person who provided DMCA notification to us or an agent of such person.
If a counter-notice is received by the DMCA Contact, we may send a copy of the counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against eh content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, in our sole discretion.
Governing Law, Dispute Resolution and Class Action Waiver
These terms shall be governed by the laws of the Commonwealth of Virginia, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the federal and state courts in the Commonwealth of Virginia for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.
Certain portions of his Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
AvalonBay Communities, Inc.
671 N. Glebe Road, Suite 800
Arlington, VA 22203.
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Dispute, although nothing will require either party to agree to any resolution.
If we cannot resolve a Dispute as set forth above within sixty (60) days of receipt of the required notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND US (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING BUT NOT LIMITED TO FRAUD, ANY OTHER INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY, OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE USE OR PROVISION OF THIS WEB SITE. The Federal Arbitration Act (“FAA”), and not state law, shall govern the arbitrability of all disputes between us and you regarding these Terms and the Web Site. You and we agree, however, that Virginia law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies and damages arising between you and us regarding a Dispute, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Virginia’s choice of law principles that might apply other states’ laws.
The foregoing provisions of this Section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost or damage (or any potential loss, cost or damage) relating to any Dispute and/or our rights, our operations, and/or our products or services.
No Class Action Matters
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There shall be no right or authority for any Dispute to be arbitrated on a class basis or any other basis involving Disputes brought to a purported representative capacity on behalf of the general public, or other person or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in this Section to arbitrate will not apply and the Dispute must be brought exclusively in court in Alexandria, Virginia (to which jurisdiction and venue you irrevocably consent). Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of these class action waiver provisions are to be decided only by a court of competent jurisdiction and not by the arbitrator.
Notwithstanding the foregoing, either of us may bring a qualifying claim in small claims court.
If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and AvalonBay. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.
671 N. Glebe Road, Suite 800
Arlington, VA 22203.
Or by email at: email@example.com.