Terms & Conditions *
228 Guadalupe LLC
By filling out this form and clicking submit, I authorize 228 Guadalupe LLC (“Landlord”), its property management company, if any (“Property Management Company”), and their respective service providers, including but not limited to Appfolio, to make telephone calls and send text messages to the telephone number(s) I have provided, with information and notifications about the property and my account, and with rental-related advertising and telemarketing messages and associated offers. I agree that such calls or messages may be placed with an automatic telephone dialing system and/or an artificial or prerecorded voice. I understand that I am not required to sign or enter into this agreement as a condition of leasing any property or purchasing any goods, or services. I understand if I do not wish to authorize telephone calls or text messages to the telephone number(s) I have provided, I am not required to complete this electronic form and may instead contact the property manager and complete a paper application. I further warrant that I am the subscriber for any wireless number that I have provided, or am the customary user of such wireless number, and agree to promptly notify the property manager if service for any wireless number provided by me is cancelled, or if my wireless number changes.
By using this Site, you hereby represent and warrant that you are of legal age or have parental consent to enter into, and you hereby agree to be bound by these Terms.
We reserve the right to modify these Terms from time to time, and we will make you aware of material changes to these Terms by visibly posting them on the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page form time to time so you are aware of any changes, as they are binding on you. Therefore, it is your responsibility to review them when conducting business herein. Your continued use of any part of the Site after such modification shall be deemed your consent to such modifications.
BY USING THE SITE, YOU AGREE TO THE FOLLOWING:
Agreement to Deal Electronically; Electronic Communications and Notices - All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw such consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
By clicking "Submit Application" or “Submit” on any step of a transaction within this Site, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled "I received and read a copy of the Terms of Agreement," and by signing your name in the box titled "Authorized/Acknowledged by," you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to the terms of the rental criteria shown on the first page of our online application. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided. You are solely responsible for ensuring the completeness and accuracy of the information you enter, and you hereby agree to defend, indemnify and hold harmless 228 Guadalupe LLC, Property Management Company, their affiliates, licensors and service providers, and its and their respective members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to the information you enter. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures.
You understand that you may refuse to conduct other electronic transactions in the future. Your transaction, if applicable, is subject to your acceptance of these Terms and conditions, which are agreed upon when you proceed with your transaction. This agreement is entered into on the date of payment acceptance. This agreement supersedes any agreement, in regards to these matters, with Landlord or its Property Management Company, or the owner of the merchant account to which you are submitting an electronic payment. You hereby agree as follows.
Unauthorized Use of Your Password - All instructions transmitted by or received from anyone presenting your password or other credentials on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password or other credentials, whether or not made with your knowledge or authority. You agree to guard your password or other credentials carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password or any other credential who is not intended to have authority to act on your behalf, please reset your password online immediately. You can authorize the manager of the Site, to refuse to accept any further transactions initiated under that password on your behalf and the manager of the site will use commercially reasonable efforts to block such transactions. Property Management Company have no liability for transactions initiated under your password without your authorization.
Changes to the Agreement - You are bound by the version of this Agreement that is in effect on the date of your last visit to the Site. This Agreement may change from time to time, so please review it when you visit the Site.
How personal information is collected - Applicant will be asked to furnish some of your personal information when you apply to rent from this Community. This information will be on the rental application form or other document that you provide to the Community or to a locator service, either on paper or electronically.
How and when information is used - The Community will use this information only for business purposes involved in leasing an apartment unit to Applicant. Examples of these uses include, but are not limited to, verifying statements made on your rental application (such as your rental, credit and employment history), reviewing your lease for renewal and enforcing your lease obligations (such as to obtain payment for money you may owe the Community in the future).
How the information is protected and who has access - The Community allows only authorized persons to have access to your personal information, and the Community keeps documents and electronic records containing this information in secure areas and systems.
How the information is disposed - After the Community no longer needs or are required to keep Applicant’s personal information, the Community will store or destroy it in a manner designed to prevent unauthorized persons from accessing it. The Community’s disposal methods will include shredding, destruction or obliteration of paper documents and destruction of electronic files.
Locator services - If Applicant found this Community through a locator service, please be aware that locator services are independent contractors and are not this Community’s employees or agents—even though they may initially process rental applications and fill out lease forms. You should require any locator services Applicant uses to furnish their own privacy policies.