Last Revised: July 15, 2019
“Affiliate” means an entity that controls, is controlled by or is under common control with us;
“User” means a person who (i) accesses the Website for any reason, including, but not limited to, posting to any interactive forum or bulletin board that Progress Residential may make available on the Website, registering for email communications, and submitting a survey response, question or request to the Website using a form or the email address links on the Website, (ii) fills out a lease application, (iii) maintains an account with, or (iv) is a tenant at one of our properties;
“we,” “us,” “our” and “Progress Residential” means Progress Residential, LLC and its affiliates;
“you” and “your” means a User; and
“User Information” means, individually or collectively, the Registration Information, the Tracking Information, Application Information, Consumer Report Information, Relationship Information and data from Cookies (all as defined below), and any other personally identifying information you provide or we collect or receive about you via any method from time to time. “User Information” does not include anonymized or aggregated data.
2. What Information We Collect and How We Use User Information
A. Registration Information and Other Information You Provide To Us. In order to use certain features of the Website, you may first be required to register and submit to Progress Residential contact information and certain other information about you (collectively, “Registration Information”). You also may choose to send us a question through our Website or via e-mail. We may use the Registration Information and other contact information for our internal purposes and to communicate to you: (i) in relation to any and all agreements or applications you have pending or existing with us; (ii) new and modified services offered by Progress Residential and other businesses; (iii) special offers made available by Progress Residential and other affiliates; and (iv) other commercial information that we believe will interest you. We also may share your Registration Information and contact details with our affiliates for their analytical purposes and so that they can contact you about products or services which they believe you will find of interest. At any time, you may opt out of email marketing communications from us or from our affiliates by electing the “unsubscribe” option in the email or, for communications from us, by contacting us as set out below. Tenants who opt out of marketing communications will continue to receive communications regarding their relationship with us even after such opt-out.
B. Tracking Information. When you access the Website, we capture, record and retain general data about your use of the Website including, without limitation, your domain name, your Internet protocol (IP) address, the name and location of the web page from which you entered the Website, the locations you visit within the Website and the amount of time you spend on each page of the Website (collectively, “Tracking Information”). We use Tracking Information to help administer, update and enhance the Website.
C. Application Information. When you submit a lease application to us or our service provider, we may use the information you provide in that application (“Application Information”) and share it with our affiliates for any purpose, including to offer you other goods and services.
D. Consumer Report Information and Right To Opt-Out. When you submit a lease application to us or our service provider, you authorize us or our service provider to obtain credit and other background screening information about you from third parties (“Consumer Report Information”) as permitted by law, including the Fair Credit Reporting Act. We may collect Consumer Report Information regarding Users who have lease agreements with us at any time during their lease if necessary for a legitimate business need (for example, considering lease renewal or if there are late or missed payments). We use that information to evaluate your application and use and share it with our affiliates for marketing and other business purposes, including to offer you goods and services. You may opt out of having us share your Consumer Report Information with our affiliates at any time by contacting us as set out below.
E. Relationship Information. If you become a tenant at one of our properties, we will collect information about you, including your rental payment amount and history, our experiences with you as a tenant and the like (collectively, “Relationship Information”). We use and share Relationship Information with our affiliates for internal analytics and marketing or other business purposes.
G. Information of Minors Under Thirteen Years of Age. We do not knowingly collect personally identifying information from children under thirteen. If you are a parent or legal guardian and think your child under thirteen has given us information, you can contact us at the address set out below to request that the information be deleted. Please mark your inquiries "COPPA Information Request."
3. What security measures are taken regarding the Website?
We have taken precautions to protect the Website data and information under our control from misuse, loss or alteration. We deploy administrative, technical, and physical security measures designed to provide a level of security appropriate to the risk. Unfortunately, no system can ensure complete security, and you should take steps to protect your information and transmissions. You must decide the security measures that are appropriate for you; however, common examples are keeping your login identification and password secure and making sure you completely log out when you have finished using any access-restricted section of the Website.
4. What if our policy changes or we are acquired?
5. How long can we store your User Information?
6. Online Tracking and Third Parties?
We do not change our Website practices in response to web browser “do not track” signals or other mechanisms that provide individuals the ability to exercise choice regarding the collection of personal information about their online activities over time and across third-party websites or online services.
We do not knowingly permit third parties to collect personal information about our Users’ online activities over time and across different websites.
7. How do you contact us?
7500 N. Dobson Rd.
Scottsdale, AZ 85256
By using this Site you accept and agree to be bound by these Terms of Service. This is important—these Terms of Service are a legal contract between you and Progress Residential® for the use of locating a home for you to rent and for related payment and rental services (collectively, the "Services"). You are only allowed to use the Services if you can enter into a binding contract with Progress Residential®. By using the Services, or by installing, copying, or otherwise using the Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use this Site or the Services and exit now.
You agree not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You agree not to use the Services in any way that is unlawful, or harms Progress Residential®, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation another person or entity. Except as expressly stated herein, these Terms of Service do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any data or content available through the Services. Manual and automated queries, software, devices or other processes (including screen and database scraping, spiders, robots, crawlers, intelligence agents or any other means to extract pricing, product, service or other data from the Services) are strictly prohibited on the Services, unless you have received express written permission from Progress Residential®.
The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (the “EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Progress Residential® grants to you a non-exclusive, revocable, personal, non-transferable license to use software solely in connection with the Services and in accordance with these Terms of Service.
SERVICES POWERED BY THIRD PARTIES
The Services and any software used in connection with providing the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The content contained on this Site, such as copyrights, trademarks, trade dress, trade names, logos, design, text, data compilations, search results, graphics, images, pictures, audio or video media files and other files and service marks (collectively, the "Intellectual Property"), are proprietary property of Progress Residential® or its licensors and are protected by U.S. and international intellectual property laws. As such, Progress Residential® Intellectual Property cannot be copied, imitated, or used, in whole or in part, without its prior written permission. The information and Intellectual Property, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use in creating other works, whether or not copyrightable, or to sell or promote other products. Violation of these Terms of Service may result in infringement of intellectual property and contractual rights of Progress or third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
NO WARRANTIES, LIMITATION OF LIABILITY
The Services and this Site are approved "as is, where is" as an accommodation without warranty of any kind and without representation regarding the accuracy or currency of any information on this Site. All use is at your sole risk. Progress Residential® specifically disclaims all warranties, express or implied, including without limitation, any warranty of title, merchantability, or fitness for a particular purpose. In no event shall Progress Residential®, its officers, directors, employees, agents, affiliates, advertisers, or data providers be liable for any indirect, special, incidental, consequential, or punitive damages (including, but not limited to, loss of data, loss of use, or loss of profits) whether in an action in contract, tort (including, but not limited to, negligence), equity, or otherwise, arising out of, or in any way connected with, the use of this Site or the Services. Your sole remedy in the event of any deficiency or error shall be to request that Progress Residential® correct the matter or, if Progress Residential® fails to do so, for you to discontinue use of the Services.
You agree to defend, indemnify, and hold Progress Residential® harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site or the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Progress Residential® arising out of or relating to the Services, your conduct, your violation of these Terms of Service, or your violation of the rights of any third party.
LIMITATION OF CLAIMS
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. You accept sole responsibility for any use of internet facilities conducted or permitted by you or your agents; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, employees, or other users or accesses.
You release Progress Residential®, its affiliates, and their respective, directors, officers, employees, and agents from all liability to any and claims and demands you may assert against any third party arising out of the Services.
FAIR HOUSING / EQUAL HOUSING OPPORTUNITY
Progress Residential® is an Equal Housing Opportunity company, which means Progress Residential® (as well as all of its affiliated entities and employees) complies with the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws. The Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, disability and familial status. Progress Residential® also operates in states and local jurisdictions, which have additional fair housing laws and added protected classes. Progress Residential® also complies with those laws and regulations. As such, all rental properties identified in this Site are subject to the Fair Housing Act and its state law counterparts. Progress Residential® will not knowingly permit or allow any discriminatory conduct in the rental of its properties that violates applicable law. Complaints concerning discriminatory practices in housing may be filed with the local office of the U.S. Department of Housing and Urban Development.
Any claim or dispute arising out of or relating to these Terms of Service or the Services will be settled by binding arbitration before a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Maricopa County, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Progress Residential® or you may by motion seek any interim or preliminary relief from a court of competent jurisdiction in Maricopa County, Arizona, as necessary to protect the rights or property of the moving party.
CHOICE OF LAW
If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect. The headings in these Terms of Services are used solely for the convenience of the parties and have no legal or contractual significance. Progress Residential® may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service and any effort to do so is hereby rendered null and void. A failure to act by Progress Residential® with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Service represent the entire agreement between you and Progress Residential® with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Progress Residential® with respect to the Services.
MODIFICATION OF PROGRESS RESIDENTIAL® SERVICES AND THESE TERMS
Progress Residential® is constantly changing and improving its Services. Progress Residential® may add or remove functionalities or features, and may suspend or stop a Service altogether in its sole discretion. Progress Residential® may also change or modify these Terms of Service, or any policy or guideline of this Site, at any time and in its sole discretion. Please review these Terms of Service and their version dates frequently, as changes or modification will be effective immediately upon posting of the revisions to this Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site or the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
These Terms of Service became effective on January 31, 2017. Any changes to the Terms of Service will be communicated through this Site.
This document was last updated on June 22, 2019.