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 Portal, and specifying the effective date of the new version of the Terms. Your use of the Portal following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, when you visit this Portal you should periodically check to see if a new version of these Terms has been posted.
This Portal contains a variety of information and content, including: (1) copyrighted material, such as information, text, directories, graphics, photographs, illustrations, 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 Portal is the property of Owl Management 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, as applicable.
While we strive to keep the Content that we post on the Portal accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on this Portal is accurate, complete, timely or applicable to you
Scope of Use
You agree to use the Portal solely for personal and 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 Portal. We grant you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print Content retrieved from the Portal only for your personal, non-commercial use. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Portal in any other manner or for any other purpose without the prior express written permission of Owl Management. Any unauthorized use of any Content from the Portal may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
Accuracy of Information You Provide
You will use the Portal only with your User ID and password and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Portal. You agree to provide true, accurate, current, and complete information about yourself, and, as permitted, to maintain and update it continuously and promptly to keep it true, accurate, current and complete.
You agree to accept responsibility for all activities that occur under your User ID and Password. You are responsible for maintaining the confidentiality of your Password, and for restricting access to your computer so that others may not access the Portal in your name and under your User ID and Password. You agree to immediately notify us of any unauthorized use of your User ID or Password or any other breach of security. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
Links to Other Sites
The Portal may provide links to other web sites and/or resources (including advertisements) that we do not maintain or 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.
Owl Management does not guarantee uninterrupted or error-free operation of this site or any portion thereof and will use reasonable efforts to maintain its operation and availability.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE PORTAL 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, OWL MANAGEMENT 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 OWL MANAGEMENT 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), 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 PORTAL OR WITH THE DELAY OR INABILITY TO USE THIS PORTAL, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THIS PORTAL, EVEN IF OWL MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL OWL MANAGEMENT BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN $10.
BY AGREEING TO THE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Modification or Suspension of the Portal or Access
Owl Management reserves the right, in its sole discretion, to modify or discontinue the Portal, or any portion of the Portal, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Portal or any portion of the Portal.
Any violation of these Terms (as determined by Owl Management in its sole discretion) may result in restriction or termination of your access to all or part of the Portal 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 Owl Management.
These Terms shall be governed by the laws of the State of Illinois, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the State of Illinois 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 Portal, you may contact us by e-mail at email@example.com.
Active Collection via the Portal. To access or take advantage of certain features offered through the Portal, we may ask you to provide personally identifiable information ("PII"), which is information that would reasonably allow someone to identify you personally or contact you, such as your name and phone number. You may also choose to provide financial or banking information for certain purposes, such as to facilitate payment of your rent and other charges owing by you to Owl Management. We may also collect PII from you about another person, such as in the "Refer a Friend" section of the Portal. In those instances, we will only use your friendâ€™s PII for the purposes stated when you provide your friendâ€™s information to us.
The Portal is only for use by adult clients of Owl Management. As such, the Portal is not directed to children younger than age eighteen, and Owl Management does not knowingly collect information from children younger than age eighteen.
Passive Collection of Non-PII via the Portal
The Portal web server automatically collects certain non-personally identifiable information ("Non-PII"), such as the address (or "URL") of the web site that you came from before visiting the Portal, which pages you visit on the Portal, which browser you used to view the Portal, and IP address. In connection with this, the Portal and any e-mails sent from the Portal may utilize cookies, web beacons or similar technologies. A cookie is a small text file that is sent to your browser from a web server and is stored on your computerâ€™s hard drive. A cookie is essentially your identification card when you return to the Portal. You can set your browser to reject the cookies, although rejecting cookies might affect your ability to use the Portal. A web beacon is a small, often invisible, graphic image included in a web page or e-mail. We may use web beacons for many purposes, such as to count visitors to the Portal or to monitor how visitors navigate the Portal. Owl Management may share Non-PII, such as aggregate user statistics, with potential partners and other third parties.
USE OF PERSONAL INFORMATION
SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES
Owl Management may share information collected through the Portal, including PII, under the following circumstances:
Owl Management may share PII with its affiliated or subsidiary companies who require access to the PII for business purposes related to the renting and managing of Owl Management properties. For example, when you submit PII through the Portal, it may be shared with the entity that owns the property where you live.
Owl Management may share PII with third parties who perform services on our behalf, such as processing your payments, billing you for utilities, or otherwise fulfilling your requests or sending regular mail or e-mail on behalf of Owl Management. Your PII and information about the timeliness of your rent payments is also shared with third party companies for the purpose of tracking your history of rent payments and for the collection of any payments due to us.
Owl Management reserves the right to disclose and transfer user information, including PII, in connection with a corporate merger, consolidation, restructuring, financing, the sale of substantially all assets, or other corporate change. In addition, when a potential buyer is interested in purchasing one of the properties we manage, or when an owner of a condo unit is re-financing, we may provide the potential buyer or the banker with information about the property and the occupants who live there. For example, we may provide information regarding the current number of occupants and the current amount and length of leases. Some limited PII may also be provided to a potential buyer, including, but not limited to, your first and last name. Upon the sale of the property in which you live, all of your PII may be transferred to the purchaser.
UPDATING YOUR INFORMATION
You may update certain of your PII by visiting the myProfile section of the Portal.
SECURITY OF PERSONAL INFORMATION
While Owl Management takes reasonable steps to secure the information you submit through the Portal, no data transmission over the Internet or electronic storage of information can be guaranteed to be 100% secure. Please consider this prior to submitting any information to Owl Management.
By creating a portal account, you agree that all legal notices, including but not limited to: financial reports, building updates, maintenance updates, lease renewals, meeting agendas, proposed rule changes and past due accounts, may be delivered via electronic communication (e-mail) to the e-mail address in your account profile. It is your responsibility to maintain a current and accurate e-mail address in your portal profile. Owl Management is not liable for un-received notices due to a non-working, or a not current e-mail address. Your e-mail address may be changed at anytime by accessing your profile in the portal. By creating this portal you forego the right to written mailed notices. If you want to receive notifications in written form via US Mail, DO NOT CHECK THE BOX LABELED "I AGREE," CLICK THE "SUBMIT" BUTTON, OR USE THE PORTAL. Please e-mail us if you have any questions regarding this electronic notice policy, firstname.lastname@example.org