Greystar Living Terms and Conditions
Last updated: August 9, 2024
Please read these Terms and Conditions carefully before using the Greystar Living application.
General
These terms and conditions (the “Terms and Conditions”) form a legally binding agreement between you (“you”) and Greystar Global Enterprise, LLC (“Greystar,” “we,” or “our”). These Terms and Conditions govern your use of Greystar Living (including all related documentation, the “Application”).
If you download this Application on Apple’s App Store or Google’s Play Store, you acknowledge that these Terms and Conditions are between you and Greystar, and not with Apple or Google, respectively.
These Terms and Conditions contain an arbitration section that requires you and Greystar to pursue any disputes in individual arbitration and that each party waive their right to sue in court, including as part of a class action or representative proceeding. Please see the Arbitration and Class Action Waiver sections for more information.
BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS (INCLUDING ANY CHANGES IN THESE TERMS AND CONDITIONS SINCE YOUR LAST VISIT); (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.
License Grant.
Subject to the terms of these Terms and Conditions, Greystar grants you a revocable, noncommercial, limited, non-exclusive, and nontransferable license to:
(a) 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
(b) Access, download, and use on such Mobile Device the Content and Services (as defined in Privacy section) made available in or otherwise accessible through the Application, strictly in accordance with these Terms and Conditions.
Access to and use of password-protected and/or secure areas of the Application are restricted to authorized users only. Unauthorized persons attempting to access these areas of the Application may be subject to legal action.
Conditional Use
You agree not to engage in any of the following during your use of the Application without Greystar’s express written permission, which may be withheld or withdrawn in Greystar’s sole discretion:
(a) Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Application or any portion of the Application;
(b) Engage in actions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including, but not limited to, use of Greystar’s intellectual property, name, or logo, including use of Greystar’s trade or service marks, or in a manner that otherwise harms Greystar’s brand; or
(c) Modify, obstruct, alter, remove, or otherwise interfere with any of the trademarks, registered or not, text, images, graphics, video clips, audio clips, software and code, user interface design, or other intellectual property or proprietary rights notices on the Application, including any copy thereof.
Prohibited Use
You agree not to engage in any of the following during your use of the Application:
(a) Copy the Application;
(b) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) Attempt to reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) Violate any intellectual property rights, federal, state, local, or international law, ordinance, or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
(e) 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;
(f) 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;
(g) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
(h) Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Application;
(i) Perform any action that implies an untrue endorsement by or affiliation with Greystar, including impersonation of a Greystar employee, representative, or another user or person;
(j) Post or transmit anything that is obscene, dangerous, threatening, harassing, abusive, hateful, or embarrassing, as determined by Greystar in its sole discretion;
(k) Post or transmit any personal information or commercial content that is not your own or that you do not have a legal right to;
(l) Transmit, or procure the sending of, any advertising material or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, as determined in Greystar’s sole discretion; or
(m) Engage in any conduct, as determined by Greystar in its sole discretion, that restricts or inhibits anyone’s use or enjoyment of the Application, or which may expose Greystar to any liability.
Privacy
You acknowledge that when you download, install, or use the Application, Greystar may use automatic means (including, for example, session replay, trackers, and web beacons) to collect information about your Mobile Device and about your use of the Application. Your personal information provided to, and collected in connection with, this Application and its use are subject to the Application's Privacy Policy.
To use the Application, you are required to provide certain information about yourself to create and register an account. You are responsible for keeping any account information secure and for ensuring no unauthorized users access your account. If you suspect unauthorized access to your account, notify Greystar immediately. You are liable for the actions taken by your account, whether through authorized or unauthorized access. GREYSTAR IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES THAT RESULT FROM ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
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.
The Application may provide you with access to parts of the Application or websites, such as 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”). These parts of the Application and Content and Services may contain separate terms and conditions, which are in addition to these Terms and Conditions. Your access to and use of such parts of the Application and Content and Services are governed by those additional terms and conditions, such as the Website's Terms of Use and Privacy Policy (each, a “Supplemental Agreement”). Your access to and use of such parts of the Application and Content and Services may require you to acknowledge your acceptance of such Supplemental Agreements 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. In the case of Supplemental Agreements, you authorize Greystar to rely upon “checks” or “clicks” in designated locations as your electronic signature and your agreement to the terms of such Supplemental Agreements. These Terms and Conditions are in addition to any Supplemental Agreement and are not intended to supersede or modify any such Supplemental Agreement. Any violation of such Supplemental Agreement will also be deemed a violation of these Terms and Conditions.
Submission of Feedback
Greystar may ask you to provide feedback on certain functionality and features of the Application. You acknowledge and agree that these surveys are completely voluntary, and all feedback will be the sole and exclusive property of Greystar and will not be considered confidential or proprietary, even if labeled “Confidential” or “Proprietary.” You hereby irrevocably assign and transfer to Greystar all worldwide 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. Greystar may, for any purpose whatsoever, reproduce, use, create derivative works, disclose, assign, and distribute feedback to others without limitation or liability. Greystar may use any ideas, concepts, know-how, or techniques in the feedback for any purpose whatsoever, including, but not limited to, developing and marketing products or services that incorporate or otherwise embody feedback, without providing notice, compensation, or attribution to you.
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.
Intellectual Property
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. 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.
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. 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. 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.
If you wish to make any use of material on the Application other than as set out in these Terms and Conditions, please visit the Contact Us section of the Website’s Terms of Use.
Notice of 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these notification instructions will not be considered sufficient notice and will not be deemed to confer on Greystar actual knowledge of facts or circumstances from which infringing material or acts are evident.
Term and Termination
The term of these Terms and Conditions commences when you download and will continue in effect until terminated by Greystar. If you breach these Terms and Conditions, your license to use the Application shall immediately and automatically terminate.
Greystar may terminate these Terms and Conditions and/or your access to the Application, or any portion thereof, 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 and without notice. In addition, your license to use the Application shall terminate immediately and automatically without any notice if you breach these Terms and Conditions. Upon termination, Greystar will retain your personal information in accordance with the Application’s Privacy Policy and, as applicable, as required by law, rules, or regulations.
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.
Greystar reserves the right to terminate these Terms and Conditions if:
(a) You breach any provision of these Terms and Conditions (or have acted in a manner that demonstrates, in Greystar’s sole opinion, you do not intend to or are unable to comply with these Terms and Conditions);
(b) Greystar reasonably believes it is required by law;
(c) Greystar no longer offers the service(s) you use;
(d) You no longer agree to these Terms and Conditions; or
(e) Greystar chooses to do so, in its sole discretion, for any or no reason.
Arbitration
To the fullest extent permitted by law of the applicable jurisdiction, any dispute, claim, or controversy arising from the access and use of the Application or these Terms and Conditions, including the interpretation of this Arbitration section, SHALL BE RESOLVED SOLELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any arbitration shall be governed by the Rules of Arbitration of the American Arbitration Association and shall take place in Charleston County, South Carolina, unless both parties agree in writing to a different location.
Class Action Waiver
YOU AND GREYSTAR EACH FURTHER AGREE THAT EACH IS WAIVING THEIR RIGHT TO SUE EACH OTHER IN COURT, INCLUDING TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION. You and Greystar agree that each may bring claims against the other only in your or its individual capacity, and not as a representative or part of any class or consolidated action or proceeding. If the dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
Disclaimer of Warranties
THE APPLICATION AND THE CONTENTS CONTAINED THEREIN, INCLUSIVE OF ANY THIRD-PARTY CONTENT, ARE 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, BE VIRUS-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
It is your responsibility to evaluate the timeliness, quality, accuracy, reliability, availability, and completeness of any information and material, including Third-Party Materials, contained on the Application. If you download or otherwise obtain any material from the Application, you do so solely on your own discretion and at your own risk, and you will be solely responsible for any damages to your Mobile Device or any loss of data that results from downloading or otherwise obtaining that material. You assume all responsibility and risk of loss resulting from your use of the Application.
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 FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR FOR DAMAGES MEASURED BY LOST PROFITS AND/OR ANY OTHER INTANGIBLE OR SPECULATIVE LOSS, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION. 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 states or jurisdictions do not allow the exclusion of certain warranties or limitations of certain liabilities. Accordingly, if some of the above provisions do not apply to you, whether by statute or legal action, then you expressly agree that these Disclaimer of Warranties and Limitation of Liabilities sections will be construed to apply to the maximum extent permitted by law. Unless expressly stated otherwise, Greystar’s total, aggregate liability for any cause of action of any kind – whether in contract, tort, (including, but not limited to, negligence), strict liability or otherwise, even if it is foreseeable – exceed $100.
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.
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.
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:
(a) the Application will automatically download and install all available Updates; or
(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 upon provision.
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 these Third-Party Materials do not constitute or imply Greystar’s endorsement, sponsorship, or recommendation of the third parties or their products, services, and/or materials. Greystar does not monitor or control the Third-Party Materials. Greystar is not liable for any damages incurred by accessing or relying, in any capacity, on 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 on your own discretion and at your own risk and subject to such third parties' own terms of use, acceptable use, and/or privacy policies.
Entire Agreement and Severability
If any provision of these Terms and Conditions is unlawful, void, or unenforceable under applicable law, the remainder of the provision will be enforced to the maximum extent permissible and all other provisions of these Terms and Conditions will continue in full force and effect.
Governing Law and Venue
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, and shall inure to the benefit of Greystar’s successors and assigns, whether by merger, consolidation, or otherwise. Except as otherwise provided in the Arbitration section, you hereby agree that 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 state and federal 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.
You acknowledge and agree that because the breach of these Terms would result in immediate and irreparable injury to Greystar, Greystar shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages.
Assignment
You may not assign or otherwise transfer ownership of your rights and obligations under these Terms and Conditions, by operation of law or otherwise, without the prior written consent of Greystar. Greystar may freely assign, transfer and delegate these Terms and Conditions or any rights and/or obligations hereunder without your consent. The relationship of the parties under these Terms and Conditions is that of independent contractors, and these Terms and Conditions will not be construed to imply that either party is the agent, employee, or joint venture of the other.
Entire Terms and Conditions
These Terms and Conditions and the Application's Privacy Policy, along with any other document referred to in these Terms and Conditions, 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.
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.
Section Headings
Section headings in these Terms and Conditions are for convenience or reference only and shall not govern the interpretation of any provision of these Terms and Conditions.
Contact Us
If you have any questions regarding the Application or these Terms and Conditions, please visit the Contact Us section of the Website’s Terms of Use.