Community Policies
APARTMENT INVESTMENT AND MANAGEMENT COMPANY
TERMS OF USE AGREEMENT
Welcome to the website for Apartment Investment and Management
Company collectively, with its subsidiaries and affiliates,
“Aimco,” “we,” or “us”). Your use of our website located at
www.aimco.com (the “Site”) or any of the services offered on the
Site (the “Services”) is subject to these Terms of Use (the
“Terms”). Your use of the Site constitutes your binding acceptance
of these Terms, including any modifications made to the Terms. Read
these terms carefully and completely as they set forth your rights
and obligations with respect to your use of the Site. If you do not
wish to be bound by the Terms, you may not access or use the
Site.
Acceptance of the
Terms. Aimco is pleased to provide the information on
the Site conditioned upon your acceptance, without modification, of
the terms, conditions and notices comprising the Terms. The
Terms may be updated and modified by us from time to time without
notice to you by posting revised Terms on the Site. You can
review the most current version of the Terms at any time by
clicking on the "Terms of Use" link from the footer of any page on
the Site. We hope that you will find the information provided
on the Site informative and useful. Please feel free to
e-mail us with your thoughts about the Site or to request more
information about Aimco.
Aimco has the right, but not the obligation, to take any of the
following actions without providing any prior notice to
you:
(1) change or terminate all or any part of our
Services;
(2) restrict or terminate your access to all or any
part of our Services; or
(3) refuse, move, or remove any content that is
available on the Site and any material that you submit to the
Site.
Access to the Site. Aimco is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be 18 years of age or older to register for and/or use the Site. If you do not qualify, please do not use the Site. Aimco reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion. Further, Aimco reserves the right refuse to provide the Services and/or to cancel any service requests at any time in its sole and absolute discretion.
User Obligations. In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Aimco has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Aimco has the right to refuse any and all current or future use of the Site (or any portion thereof).
Account and Password Security. Depending upon the Services you seek to access on the Site, Aimco may request that you register on the Site and set up an account and password. You agree and acknowledge that you will not allow others to utilize your account and that you will not disclose your password to anyone. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You agree to: (i) immediately notify Aimco of any unauthorized use of your password or account or any breach of security, (ii) immediately change your password if you become aware that your account has been compromised, and (iii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else's password on the Site or attempt to gain access to the account of any other person. Aimco cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Text Message Communications. Aimco provides you with the ability to receive information, updates, reminders, and other messages via text message (“Text Message Communications”). By providing your mobile phone number to opt-in to Text Message Communications, you agree to the additional terms in this section. You opt-in to Text Message Communications by sending a text to the number provided by Aimco. Once you have opted-in, you will continue to receive Text Message Communications until you opt out. You can opt out of Text Message Communications at any time by replying STOP.
Message and data rates may apply.
By opting-in to Text Message Communications from a mobile telephone number, you are representing to Aimco that the mobile number from which you have opted-in is one for which you are authorized to provide consent to receive mobile messages from Aimco and to allow Aimco to provide Text Message Communications. You agree that if and before you disconnect or transfer your mobile number, you will opt out of Text Message Communications in order to stop future messages from being sent to that number and to terminate Text Message Communications for that number.
Aimco is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, messages sent to the mobile phone number from which you opted-in but which you no longer use or own; undelivered messages resulting from any form of filtering by your mobile carrier or service provider; or the failure of Text Message Communications to provide you with a reminder of your scheduled appointment, lease renewal or other event or deadline (and any associated failure by you to make your scheduled appointment, renew your lease, or take other actions). Aimco cannot guarantee that each user will receive the benefit of Text Message Communications.
Use of Interactive Areas. The
Site may contain areas that allow for user interaction, including
blogs, forums, bulletin board services, chat areas or other message
and communications features or allow you to connect to Aimco’s
presence on third party websites or services such as Facebook and
Twitter ("Interactive Areas"). You are entirely responsible for all
content that you upload, post, email or otherwise transmit via the
Site. You agree to post only messages, comments or other
information that are proper, lawful, and related to the particular
Interactive Area. In addition, but without limitation, you
may not post content or engage in any other activity on the Site
that:
• defames, threatens, harasses, abuses, deceives, or
otherwise violates the legal rights of others;
• is harmful to children, profane, obscene, indecent or
racially or ethnically offensive;
• is tortious, libelous, or fraudulent;
• victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age or
disability;
• infringes another's rights to intellectual property,
publicity, or privacy;
• collects or stores personal information about other Site
users;
• contains advertisements, promotions, commercial
solicitations, contests or surveys (unless you have our written
consent to do so);
• contains, transmits or disseminates spam, chain letters, or
information intended to assist in the placement of a bet or
wager;
• contains, transmits or disseminates viruses, corrupted
files, or any other similar software or programs that may damage or
adversely affect the operation of another's computer, the Site, or
any software, hardware or other related equipment;
• disrupts or otherwise interferes with the Site or the
networks or servers used by Aimco;
• impersonates any person or entity or misrepresents your
connection or affiliation with a person or entity, including Aimco
or any employee or representative of Aimco; or
• constitutes illegal activity.
Aimco reserves the right (but not the obligation) to review, edit, or delete any content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive
Areas. You acknowledge that all Interactive Areas are
public and not private communications; therefore, any information
or content you post to an Interactive Area may be read by
others. Aimco recommends that you avoid posting or otherwise
disseminating any personally identifiable information in the
Interactive Area.
Aimco does not endorse or control the content, messages or
information found in any Interactive Area and, therefore, Aimco
specifically disclaims any liability with regard to the Interactive
Areas and any actions resulting from your participation in
them.
You acknowledge and agree that Aimco may preserve any submissions
to the Site and may also disclose submissions if required to do so
by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (i) comply with legal
process; (ii) enforce these Terms; (iii) respond to claims that any
submission violates the rights of third parties; or (iv) protect
the rights, property, or personal safety of Aimco, the Site, its
users and the public.
Limits on Liability. Aimco
will not be liable for:
Ï the contents of any communication, message, or information
posted by you or other third parties;
Ï the content of any website not controlled, owned, or
operated by Aimco that is accessed from or linked to this
Site;
Ï the content, services or information provided by any
website purporting to be operated by Aimco or its affiliates, but
not actually affiliated with, controlled, owned, or operated by
Aimco;
Ï any damages or injury caused by, including but not limited
to, any failure of performance, error, omission, interruption,
defect, delay in operation of transmission, computer virus, or line
failure; and
Ï any direct, indirect, incidental, special, punitive or
consequential damages arising out of or relating to use of or
inability to use the Site, even if Aimco has been advised of the
possibility of such damages, including but not limited to, loss of
profits, loss of data or loss of use damages. Because some states
do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not
apply to you. If you are dissatisfied with any portion of the Site,
or with any of these Terms of Use, your sole and exclusive remedy
is to discontinue using the Site.
Content.
All offers, invitations, discounts, promotional codes, packages and
pricing are subject to change at any time. The information on
the Site may contain inaccuracies and typographical errors,
including, but not limited to, inaccuracies relating to pricing or
availability that are applicable to your transaction. Aimco
shall not assume any responsibility or liability for any such
inaccuracies, errors or omissions, and shall have no obligation to
honor transactions or information affected by such
inaccuracies. Aimco reserves the right to make changes,
corrections, cancellations and/or improvements to the information
on the Site, and to the properties and programs described on the
Site, at any time without notice, including after confirmation of a
transaction.
It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, statements,
representations, services, and other information provided through
the Site. You acknowledge that you may not rely on any
content on the Site. Aimco does not endorse or represent the
reliability, accuracy or quality of any information or non-Aimco
services displayed or advertised on the Site. We make no
representations or warranties, express or implied, with respect to
the information provided on this Site.
Third Party Websites. Although
we hope that you will find the material on this Site informative,
the material and links to third-party websites and resources that
may be included on the Site are provided for informational purposes
only. Providing links to these sites by us should not be
interpreted as endorsement or approval by Aimco of the
organizations sponsoring these sites or their products or
services. We make no representations or warranties, express
or implied, with respect to the information provided on this Site
or any third-party website which may be accessed by a link from
this Site, including any representations or warranties as to
accuracy or completeness. Because Aimco has no control over
third-party websites and resources, you acknowledge and agree that
Aimco is not responsible for the information and contents of such
third-party websites and does not endorse and is not responsible or
liable for any content, statements, representations, advertising,
products, services or other materials on or available from such
sites or resources. You further acknowledge and agree that
Aimco shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused in connection
with your use or reliance on any such content, information, goods,
or services available on or through any such site or
resource.
Proprietary Rights. You
acknowledge and agree that content contained in the Site or
information presented to you through the Site may be protected by
copyright, trademark, or patent law, or other proprietary rights
and laws. Except as expressly authorized by Aimco or its
affiliates, you agree not to modify, distribute, copy, reproduce or
create derivative works based on the proprietary portions of this
Site, in whole or in part. You may not reverse engineer,
decompile, or disassemble the Site or its underlying technologies,
except to the extent the foregoing restriction is expressly
prohibited by applicable law. Those portions of the Site
owned by Aimco are the copyright of Aimco. All rights
reserved. You agree that all of Aimco’s trademarks, trade
names, service marks, logos and service names are trademarks and
are property of Aimco (the "Aimco Marks"). You agree not to
display or use in any manner the Aimco Marks, without the express
prior permission of Aimco.
No Reproduction or Resale. You
agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Site, use of the
Site, or access to the Site.
Indemnification. You agree to indemnify, defend and hold Aimco, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity. Aimco shall have the right to participate, at its sole expense, in the defense of any indemnified claim, through counsel of its own choosing.
Enforcement. Aimco does not assume responsibility to you or others for any failure by Aimco to enforce the provisions contained in the Terms.
Termination. You agree that Aimco, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if Aimco believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Aimco may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Aimco may immediately bar any further access to the Site. Further, you agree that Aimco shall not be liable to you or any third party for any termination of your access to the Site.
Fair Housing/Equal Housing
Opportunity. Aimco is an Equal
Housing Opportunity company, which means Aimco (as well as all of
our affiliated entities and employees) complies with the Fair
Housing Act and other applicable federal, state and local
anti-housing discrimination laws. The federal Fair Housing Act
prohibits discrimination in housing because of:
Race
Color
National origin
Religion
Sex
Familial status
Disability
Aimco also operates in states and local jurisdictions which have
additional fair housing laws and more protected classes.
Aimco is responsible for complying with those laws and regulations
as well.
All rental properties identified in this Site are subject to the
federal Fair Housing Act and its state law counterparts. Aimco 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 ("HUD") or by calling HUD toll free at 800-669-9777
(voice) or 800-927-9275 (TDD). HUD maintains extensive fair housing
information on the internet which can be accessed on the internet
at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLwas.
General Acknowledgments. You acknowledge that Aimco may establish general practices and limits concerning your use of the Site. You agree that Aimco has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. Aimco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Aimco shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that Aimco reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Privacy. The terms and conditions of Aimco’s Privacy Policy are located here and are incorporated herein by reference. In the event of a conflict between the terms of this the document and those in the Privacy Policy, the terms of the Privacy Policy shall govern.
DISCLAIMER OF
WARRANTIES. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND
INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND
INFORMATION AND MATERIAL IN THE SITE, AIMCO EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE
WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER
HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE
SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING,
WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR
UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF
SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE,
TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE
AIMCO EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING
SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR
PERFORMANCE CAUSED BY SUCH FACTORS.
2. AIMCO MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION
AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE
FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE
ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR
INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE
SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE
FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM AIMCO OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
EXCLUSIONS AND
LIMITATIONS. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Notice And Procedure For Copyright
Infringement Claim. Pursuant to 17 U.S.C. Section
512, as amended by Title II of the Digital Millennium Copyright Act
(the "Act"), Aimco reserves the right, but not the obligation, to
terminate your right to use the Site if Aimco determines in its
sole and absolute discretion that you are involved in any activity
that may be infringing, including alleged acts of infringement,
regardless of whether the material or activity is ultimately
determined to be infringing. Aimco accommodates and does not
interfere with standard technical measures used by copyright owners
to protect their materials. In addition, pursuant to 17
U.S.C. Section 512(c), as amended, Aimco has implemented or will
implement procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the
Act. The designated agent of Aimco to receive notification of
claimed infringement is:
Kenneth A. Diamond
4852 S. Ulster Street
Suite 1100
Denver, Colorado 80237
Phone: 1-888-789-8600
E-mail: DMCAagent@aimco.com
Aimco respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please
provide the designated agent listed above with the following
information: (i) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or
other intellectual property interest; (ii) a description of the
copyrighted work or other intellectual property that you claim has
been infringed; (iii) a description of where the material that you
claim is infringing is located on the Site; (iv) your address,
telephone number, and email address; (v) a statement by you that
you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and (vi)
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's
behalf.
Governing
Law. You and Aimco agree that the
Terms and the relationship between you and Aimco shall be governed
by and construed in accordance with the laws of the State of
Colorado without regard to its conflict of laws analysis. You
and Aimco hereby irrevocably and unconditionally submit to the
jurisdiction of courts located within the county of Denver,
Colorado, or the United States District Court for the District of
Colorado for purposes of all legal proceedings arising out of or
relating to the Terms and agree not to commence any legal
proceedings related thereto except in such court. You and
Aimco irrevocably waive, to the fullest extent permitted by law,
any objection that you/it may now or hereafter have to the laying
of the venue of any proceeding brought in any such court or any
claim that a legal proceeding commenced in such court has been
brought in an inconvenient forum.
Waiver. Aimco’s failure to
exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision unless acknowledged
and agreed to by Aimco in writing.
Severability. If any provision
of these Terms is held to be illegal, invalid or unenforceable
under any present or future laws, such provision shall be fully
severable, and the remaining provisions shall constitute the
parties’ agreement.
Time
Limitation. You agree that
regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to the Terms or use of
the Site must be filed within two (2) years after such claim or
cause of action arose or be forever barred.
Headings. The
section headings and sub-headings contained in the Terms are for
convenience only and have no legal or contractual effect.
Last updated: 9/10/2018
