COLLECTION OF INFORMATION ABOUT YOU
Active Information Collection.
We may collect Personal Information from you at various places and through various mechanisms on the Web Site. This may include, for example, when you fill out and submit forms (such as forms requesting information needed to consider you for apartment rentals or potential employment opportunities), when you initiate payments to us through the Web Site, when you participate in promotions, contests, or sweepstakes on the Web Site, when you post to any interactive forum, bulletin board, chat room that we may make available on the Web Site, when you register for e-mail communications, and when you submit a survey response, question or request to the Web Site using a form or the e-mail address links on the Web Site.
Passive Information Collection.
When you visit the Web Site, we automatically collect certain information about your activities ("Web Site Usage Information"). Web Site Usage Information is information about how our visitors use and navigate the Web Site. This includes, for example, the number and frequency of visitors to each web page, the length of their stays, the type of browser each visitor is using to view the Web Site (for example, Internet Explorer, Firefox), the type of operating system each visitor is using, (for example, Windows XP, Mac OS), the domain name of each visitor's Internet service provider (for example, America Online, Earthlink), the visitor's IP address, the address (or "URL") of the web site that the visitor came from before visiting the Web Site, which pages were visited on the Web Site, what was clicked on, and certain other available information. An IP address is a number that is automatically assigned to your computer whenever you access the Internet, which our web servers use to identify where to send the information your computer requests. When you request pages from the Web Site, our servers log your IP address as well as information about your activities on those pages.
To collect this Web Site Usage Information, the Web Site and any e-mails sent to you by the Web Site (or otherwise by The Kelton) may utilize cookies, web beacons, embedded scripts or similar technologies.
A web beacon is a small, often invisible, graphic element included in a web page or e-mail. It allows the party that set the web beacon to monitor and collect certain limited information about the viewer of the web page or e-mail message (such as the type of browser downloading the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed, as well as the URL of the page the web beacon comes from). We may use web beacons for many purposes, such as to count visitors to the Web Site, or to monitor how visitors navigate the Web Site, and we may include web beacons or similar technologies in e-mails in order to count how many e-mails (or particular articles, links, etc.) we sent were actually opened.
An embedded script is programming code that is designed to collect information about your interactions with the Web Site. It is temporarily downloaded onto your computer from our Web server or a third party we work with, is active only while you are connected to the Web Site, and is deleted thereafter.
Offline Collection from You.
The Kelton may also collect Personal Information from you through means other than the Web Site. This may include offline collection, such as when you submit a paper application to rent an apartment, make a rent payment by check, or call or visit the management office at The Kelton property. It may also include e-mails that you send to us separate from the Web Site.
Information Collected from Other Sources.
The Web Site is not directed to children younger than age thirteen (13). We do not knowingly collect Personal Information from children under the age of thirteen (13) on the Web Site and we will delete any information later determined to be from a person younger than age thirteen (13).
USE OF PERSONAL INFORMATION
We retain and use Personal Information to: (1) provide you with services or process transactions that you have requested; (2) communicate with you regarding information, features or offers that we believe will be of interest to you; (3) respond to your questions or other requests; (4) contact you with regard to the Web Site; (5) process any applications, payments or changes to your account information; (6) process other information or Personal Information that you submit through the Web Site; (7) conduct user surveys; (8) contact you regarding a sweepstakes, contest or promotion in which you have participated, and (9) fulfill other purposes disclosed at the time you provide your Personal Information. We may also use the information you provide to improve the Web Site or The Keltons services, to customize your experience on the Web Site, to serve you specific content, or for other business purposes.
SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES
Affiliated or Subsidiary Companies.
We may share Personal Information with our affiliated or subsidiary companies who require access to Personal Information for business purposes related to your tenancy or to process any application, request, inquiry, or other information or Personal Information you submit via the Web Site. This includes the owner of any community where you make application or where you lease, as well as the management company for such community.
Third parties providing services on our behalf.
We may share your Personal Information with third parties who perform services on our behalf or on behalf of the owner of one of our properties. This includes, without limitation, third parties that send communications, process payments, analyze data, assist with utility billing or renters insurance, provide credit checks, resident screening, or collection services, provide marketing assistance, or create, host and/or provide customer service on our behalf. These third parties may have access to Personal information in order to provide these services to us or on our behalf.
Legal Requirements and Law Enforcement.
Sweepstakes and Promotions.
If you choose to enter a sweepstakes, contest or other promotion, your personal information may be disclosed to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.
We reserve the right to disclose and transfer your Personal Information in connection with a corporate merger, consolidation, restructuring, financing, sale of substantially all assets, or other corporate change. In addition, when a potential buyer is interested in purchasing one of our properties, we may provide the potential buyer with information about the property and the tenants who live there, which may include your Personal Information. Upon the sale of the property in which you live, all of your Personal Information may be transferred to the purchaser.
UPDATING YOUR INFORMATION
Depending on the functionality associated with the Web Site feature you are using, you may be able to update certain of your Personal Information on the Web Site.
Please note that in accordance with our routine corporate recordkeeping practices, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information.
SECURITY OF PERSONAL INFORMATION
While we take reasonable steps to secure your Personal Information, no data transmission over the Internet can be guaranteed to be completely secure. Likewise, no storage or processing of your Personal Information on the Web Site or on other servers or databases to which the information may be transferred can be guaranteed to be completely secure. Please consider this prior to submitting your Personal Information to us via the Web Site.
THIRD PARTY CONTENT
When you are on the Web Site, certain content may be served by a third party. These third parties may also drop their own cookies and/or use web beacons or embedded scripts, which may be used to identify some of your preferences or to recognize you if you have previously had contact with those third parties. We do not control the use of such technology by third parties, the information they collect, or how they use such information.
LINKS TO OTHER WEB SITES
The Web Site may contain links to other web sites whose information practices may be different from ours. You should consult the specific privacy policies posted on these sites when linking to them.
CONSENT TO TRANSFER
The Web Site is operated in the United States. Your Personal Information will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Web Site or providing us with your information, you consent to this transfer.
TERMS AND CONDITIONS OF USE
This web site, and the information, content and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by The Kelton and its affiliates, subsidiaries and related entities ("The Kelton" or "we" or "us"). These Terms and Conditions of Use ("Terms") set forth the terms and conditions governing your use of the Web Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, AS THEY GOVERN YOUR USE OF THE WEB SITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THIS WEB SITE YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, DO NOT USE THE WEB SITE.
Modifications to these Terms.
We may make changes to these Terms from time to time in our sole discretion, by updating and posting the revised Terms on this Web Site, and specifying the effective date of the new version of the Terms. Your use of the Web Site following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, when you visit this Web Site you should periodically check to see if a new version of these Terms has been posted.
In addition to these Terms, we may also post additional terms and conditions ("Additional Terms") that apply to certain services or features we offer on this Web Site (such as payment services, sweepstakes, contests, message boards, chat rooms, blogs, etc.), and you will be subject to such additional guidelines when you access these services or features. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state that these Terms will control.
Web Site Content.
This Web Site contains a variety of information and content, including: (1) copyrighted material, such as information, text, directories, graphics, photographs, illustrations, floor plans, maps, images, video and audio clips, sound clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall "look and feel," (2) trademarks, logos, trade names, service marks, and trade identities, whether registered or unregistered (collectively the "Trademarks"), and (3) other forms of information and intellectual property (all of the foregoing collectively and individually are referred to as "Content").
All right, title, and interest in and to the Content available via the Web Site is the property of The Kelton or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. You may not copy or otherwise use any of the Content except as expressly authorized by these Terms.
While we strive to keep the 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.
Scope of Use.
You agree to use the Web Site solely for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Web Site. We grant you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print Content retrieved from the Web Site only for your personal use. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Web Site in any other manner or for any other purpose without the prior express written permission of The Kelton. Any unauthorized use of any Content from the Web Site may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
Registration and Accuracy of Information You Provide.
Certain areas of the Web Site may require registration or may otherwise ask you to provide information in order to participate in certain features, to access certain Content, or to obtain certain services (including "Online Applications and Leasing" below). The decision to register and provide this information is purely voluntary and optional; however, if you elect not to register or provide such information, you may not be able to utilize such portions of the Web Site. If you register with the Web Site, you agree to provide true, accurate, current, and complete information about yourself, and where required, to maintain and update it promptly to keep it true, accurate, current and complete.
Controlled Access Obligations.
If any portion of the Web Site restricts access and requires the use of a User ID and password, your access to and use of such restricted access portion is subject to the following terms:
You agree to use such portions of the Web Site only with the User ID and password assigned to you or associated with your registration, and that you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Web Site.
You are responsible for maintaining the confidentiality of your User ID and password, and for restricting access to your computer, or other device you use to connect to the Web Site, so that others may not access the Web Site using your User ID and password. You agree to immediately notify us of any compromise or unauthorized use of your User ID or password or any other breach of security.
You agree to accept responsibility for all activities that occur under your User ID and associated password until such time as you notify us that your user ID and password have been compromised or otherwise request that we cancel your account. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
Sweepstakes, Contests, and Promotions.
Any sweepstakes, contests or other promotions ("Promotions") that may be offered via the Web Site will be governed by a separate set of rules that, in addition to describing such Promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of submissions you make, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you are eligible and want to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in any Promotion, you will become subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Links to Other Sites.
The Web Site may provide links to other web sites and/or resources (including advertisements) that we do not maintain or which are not under our control ("Third Party Web Sites"). Your dealings with such Third Party Web Sites are solely between you and such third parties. We are not responsible for, and we make no representations or warranties with respect to, the content, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Site unless expressly stated by us. Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Web Sites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites.
Online Applications, Consents, Leases, Payments and Other Transactions.
The Web Site may provide with you the option to electronically enter into 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 for which you have been approved to rent, a renewal of an existing lease agreement, and/or payments related to your application for or lease of an apartment. Your use of this Web Site to enter into such transactions with us is entirely voluntary. However, if you enter into any such transaction via this Web Site, you consent to doing such transaction in electronic form, and to providing an electronic signature in the form specified on this Web Site, rather than a handwritten signature, whenever a signature is required in connection with a transaction on this Web Site. In addition, you understand and acknowledge that all 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 signature in the form specified on this Web Site will be binding as though you had physically signed such document on paper by hand.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE WEB SITE AND ALL CONTENT ON IT IS PROVIDED ON AN "AS IS," "AS AVAILABLE," BASIS "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KELTON EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT THE KELTON IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES OR DAMAGES DUE TO LOST PROFITS), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, EVEN IF THE KELTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE KELTON BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN $10.
Modification or Suspension of the Web Site or Access.
The Kelton reserves the right, in its sole discretion, to modify or discontinue the Web Site, or any portion of the Web Site, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Web Site or any portion of the Web Site.
Any violation of these Terms (as determined by The Kelton in its sole discretion) may result in restriction or termination of your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of The Kelton.
These Terms shall be governed by the laws of the State of Texas, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the federal and state courts in the State of Texas for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.
If you have any questions or concerns with respect to these Terms or the Web Site you may contact our webmaster by e-mail at firstname.lastname@example.org.