Greystar Living Terms and Conditions
Last updated: July 12, 2022
These terms and conditions (the "Terms and Conditions") form a binding agreement between you ("you") and Greystar Global Enterprise, LLC ("Greystar"). These Terms and Conditions and the Privacy Policy govern your use of Greystar Living (including all related documentation, the "Application").
BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE APPLICATION AND UNINSTALL IT FROM YOUR MOBILE DEVICE.
1. License Grant. Subject to the terms of these Terms and Conditions, Greystar grants you a limited, non-exclusive, and nontransferable license to:
- download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with these Terms and Conditions; and
- access, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with these Terms and Conditions.
2. License Restrictions. You shall not:
- copy the Application;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
- collect or harvest any information or data from the Application or our systems or attempt to decipher any transmissions to or from the servers running any Service; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms and Conditions or any other rights thereto other than to use the Application in accordance with the license granted herein. Greystar and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms and Conditions.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Greystar may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. All information we collect through or in connection with this Application is subject to the Application's Privacy Policy.
- Registration. To use the Application, you are required to provide certain information about yourself to create and register an account. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- Credentials. You acknowledge and agree that your access to your account will be linked to the mobile phone number you provide upon registration. You acknowledge and agree to receive SMS text messages (standard messaging rates may apply) to your Mobile Device, which will contain a verification code you will use to verify your identity. If you change mobile phone numbers and would like to change the phone number associated with your account, please contact your community manager.
5. Content and Services. The Application may provide you with access to Greystar's website located at https://www.greystar.com (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Website's terms of use and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such terms of use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such terms of use will also be deemed a violation of these Terms and Conditions.
- Feedback. Greystar may ask you to provide feedback on certain functionality and features of the Application. These surveys are completely voluntary and all feedback will be the sole and exclusive property of Greystar. You hereby assign and transfer to Greystar all rights, title, and interest in and to all feedback, including any intellectual property rights. If your feedback is incorporated into the Application, no right, title, or interest in or to the feedback is transferred back to you.
6. Geographic Restrictions. The Content and Services are for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
7. Updates. Greystar may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Greystar has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms and Conditions.
8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Greystar is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Greystar does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
9. Intellectual Property.
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Intellectual Property Rights. The Application 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 Greystar, 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.
- These Terms and Conditions permit you to use the Application for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application.
- You must not:
(a) Modify copies of any materials from this Application.
(b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
(c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Application.
- You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.
- If you wish to make any use of material on the Application other than that set out in this section, please visit the Contact Us section of the Website’s terms of use.
- No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by Greystar. Any use of the Application not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
- Copyright Infringement. It is Greystar's policy to respond to claims of intellectual property infringement. Greystar will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. To notify us about any claim of copyright infringement, please click on the "DMCA Notice" link provided at the bottom of the Website and follow the instructions provided at that link. If you have any issues finding or accessing that link, please email us at DMCA@greystar.com.
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Trademarks. The Greystar name, the Greystar logo, the Greystar slogan “The Global Leader in Rental Housing” and all related names, logos, product and service names, designs, and slogans are trademarks of Greystar or its affiliates or licensors. You shall not use such marks without the prior written permission of Greystar. All other names, logos, product and service names, designs, and slogans on this Application and the Website are the trademarks of their respective owners.
- Permissions You Give to Us. In order to provide the Content and Services, you grant us a non-revocable, sublicensable, royalty free, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the information you own and upload to the Application.
10.Term and Termination.
- The term of these Terms and Conditions commences when you download and will continue in effect until terminated by you or Greystar as set forth in this Section 10.
- You may terminate these Terms and Conditions by deleting the Application and all copies thereof from your Mobile Device.
- Greystar may terminate these Terms and Conditions and/or your access to the Application at any time without notice for any reason or no reason at all, including if it ceases to support the Application, which Greystar may do in its sole discretion. In addition, these Terms and Conditions will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms and Conditions.
- Upon termination:
(a) all rights granted to you under these Terms and Conditions will also terminate;
(b) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account; and
(c) termination will not limit any of Greystar's rights or remedies at law or in equity.
11. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GREYSTAR, 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 APPLICATION, 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, GREYSTAR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION 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, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GREYSTAR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GREYSTAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. Indemnification. You agree to indemnify, defend, and hold harmless Greystar and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of these Terms and Conditions, including but not limited to the content you submit or make available through this Application.
14. Deactivation of the Application. Greystar reserves the right to, at any time and for any reason, modify, discontinue, or abandon, whether temporarily or permanently, all or portions of the Application without notice to you. You acknowledge and agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Application or the Content and Services.
15. Third Parties. If you download this Application on the Apple App Store, you acknowledge that these Terms and Conditions are between you and Greystar, and not with Apple, Inc. If you download this Application on Google Play, you acknowledge that these Terms and Conditions are between you and Greystar, and not with Google, LLC.
16. Severability. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect.
17. Governing Law. These Terms and Conditions is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina, in each case located in Charleston County, South Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Entire Terms and Conditions. These Terms and Conditions and our Application's Privacy Policy constitute the entire Terms and Conditions between you and Greystar with respect to the Application and supersede all prior or contemporaneous understandings and Terms and Conditions, whether written or oral, with respect to the Application.
19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any applicable purchase or other terms, the terms of these Terms and Conditions shall govern.