1. Conduct. In connection with your access to and use of the Site you agree not to: (a) upload, post, email, transmit, or otherwise make available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; (b) upload, post, email, transmit, or otherwise make available any material, including, but not limited to “trojan horses”, “worms”, “spam”, “junk mail”, software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (c) use any device, software, or routine that interferes with the proper working of the Site; (d) impersonate any individual or entity, including but not limited to, any company officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresent any affiliation with an individual or entity; and (e) violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
3. Collected Information/Cookies/Third Party Sites. Throughout the Site, you may voluntarily submit information that personally identifies you and is non-public personal information (the "Information"). The Information may include, but is not limited to, include your name, address, telephone numbers, social security number, driver's license number, marital status, employment information, income information, assets and credit references. Avilla Homes may collect various types of information from you that do not identify you personally in order to improve user experiences with the Site and to help Avilla Homes better understand how the Site is being used and to provide this non-personally identifying information to third parties. Avilla Homes may also use your Information to send you periodic emails or correspond with you to answer any questions or inquiries sent to Avilla Homes. Avilla Homes may also contract with third-parties to perform services on the Site that require these companies to collect Information in order to assist Avilla Homes in operating the Site and conducting the business of Avilla Homes. If you are a resident of the European Economic Area (“EEA”), please see the “Note to EEA Residents” in Section 9 below.
4. Cookies. Avilla Homes uses a text file called a "cookie" (or a piece of information transferred to your hard disk for record keeping purposes) in the browser files of your computer. The cookie itself does not contain information that would personally identify you, although it could enable Avilla Homes to relate your use of the Site to information that you have specifically and knowingly provided to the Site.
6. Intellectual Property Rights. You acknowledge, understand and agree that all of the Avilla Homes trademarks, copyrights, trade names, service marks and other Avilla Homes logos and any brand features, or product and service names are trademarks and as such, are and shall remain the property of Avilla Homes. Avilla Homes grants you a limited, nonexclusive, non-transferable license to view, print, and download the Site content solely for your own personal use. You may not reproduce, republish, distribute, assign, sublicense, sell or prepare derivative works of the Site content. All rights in and to the Site content not expressly granted in this paragraph remain with Avilla Homes.
8. Limitation of Liability/Disclaimers. The content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. The Site and any website links do not constitute an offer on behalf of Avilla Homes an offer to lease or a solicitation of offers to lease real property or units.
AVILLA HOMES IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE FOR ANY REASON TO ACCESS THE SITE OR OTHERWISE USE OR RECEIVE INFORMATION FROM OR REGARDING THE SITE. AVILLA HOMES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE RELATED TO THE SITE. AVILLA HOMES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE ARE INTENDED FOR GENERAL REFERENCE AND INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." AVILLA HOMES DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED.
Any Avilla Homes marks contained on the Site are registered trademarks of NexMetro Communities, LLC, an Arizona limited liability company. All other trademarks used on the Site are the property of their respective owners. Avilla Homes reserves the right to terminate your access at any time for any reason or for no reason to the Site.
9. Note to EEA Residents. If you are a resident of the EEA, you have certain rights and protections under the law set forth below regarding the processing of your Information.
(b) Data Subject Requests. As a resident of the EEA, you have certain rights as they relate to the access and accuracy of your Information, which rights may include the following: (i) right to access Information that Avilla Homes holds about you (ii) right to ask that this Information be corrected; (iii) right to have your Information deleted or erased; (iv) right to withdraw consent to Avilla Homes’ access to your Information; and (v) right to object to the use of your Information by Avilla Homes. If you would like to exercise any of these rights, you may contact Avilla Homes by emailing email@example.com.
(c) Data Retention. Avilla Homes stores Information collected for as long as is necessary for the purposes for the purposes described above. Avilla Homes may retain certain Information for legitimate business purposes or as required by law.
(d) Questions or Complaints. If you have a concern about how Avilla Homes is processing your Information that Avilla Homes cannot resolve for you, you have right to make a complaint with the data protection authority where you reside. To identify your local data protection authority please access the European Commission website which provides lists of the same.
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