These terms and conditions of use are a binding contract between Evellien Townhomes, Inc. ("Evellien Townhomes"), the legal entity that owns or manages the property displayed on this website (Evellien Townhomes, "we", "our" or "us") and you ("you" or "your"). These terms and conditions, together with the end user license agreement on any documents they expressly incorporate by reference (collectively, the "Terms" or the "Agreement"), govern your access to and use of this website, including any content, functionality and services offered on or through the website (the "Site").
By using this Site, you hereby warrant that you are of legal age or have parental consent to enter into, and you hereby agree to be bound by these Terms. If you do not agree to all these Terms, you are not authorized to use the Site.
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. The Site is hosted and maintained by Evellien Townhomes who also is the legal entity that owns or manages the properties displayed on the Site.
"Evellien Townhomes" means the legal entity that owns or manages the property(ies) displayed on this Site.
"Payment Gateway" means the electronic systems, through which you may pass payment information to us, including but not limited to the following categories of information: name, mailing address, email address, and dollar amount of payments received.
By using the Site, You agree to the following:
1. 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' 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 agree to the Terms & Conditions,' you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. 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 Evellien Townhomes, their affiliates, licensors and service providers, and its and their respective 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 the owner of the merchant account to which you are submitting an electronic payment. You hereby agree as follows.
By making your payment and providing the information needed to process your checking, savings account or credit card account, you acknowledge that you have read and understand the Terms and conditions contained herein.
Except as otherwise provided in these Terms, Evellien Townhomes will give you any notices regarding the Site by posting them on the Site. You also authorize Evellien to send notices (including notice of subpoenas or other legal process, if any, and including any notices sent by Evellien Townhomes) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your email address current and any notice sent by Evellien Townhomes to an email address that you have provided to us will be considered effective notice.
2. 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.
3. License to Use the Site.
License: We hereby grant you a limited, revocable, non-transferable, non-sublicenseable license, under the rights Evellien Townhomes have in the Site's content, to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. As between you and Evellien Townhomes, we retain all right, title, and interest in and to the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright and intellectual property rights under both United States and foreign laws and all rights not expressly granted are reserved by Evellien Townhomes, their affiliates, and their partners, as applicable. Subject to applicable law, Evellien Townhomes reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
The license in this Section 4 does not include permission to copy the design elements, "look and feel" or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither Evellien Townhomes, nor any third party has conferred upon you any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
We do not guarantee uninterrupted or error-free operation of the Site or any portion thereof, but Evellien Townhomes will use reasonable efforts to maintain its operation and availability.
Termination: We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:
4. Submission of Comments; Prohibited Content and Conduct.
Any comments or information that you provide to Evellien Townhomes, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, we will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, we may sublicense these rights to third parties. We reserve the right to disclose any information concerning your use of this Site to the extent required by law or judicial or government order. From time-to-time this Site may request information through the use of forms. Use of such forms is completely voluntary. Information requested may include, but is not limited to, contact information, demographic information and/or opinions.
Under no circumstance are we responsible for any Submission to the Site or for the content of that Submission, nor shall we be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.
You must not do or attempt to do any of the following, as reasonably determined by us, subject to applicable law:
Post to the Site or provide any Submissions that is or appears to be the following:
5. Your Representations and Warranties.
You represent and warrant for the benefit of Evellien Townhomes, Property Management Company and their licensors and suppliers that:
6.1 If applicable, you agree to pay all application fees billable immediately to the account identified in your application for the purpose of application processing, which fees are earned upon the submission and receipt of an application or other payment. If payment is made by eCheck/ACH, you understand that if such payment is returned from the bank for any reason,you may be charged additional returned item fee(s), which will be added to the original amount and auto-debited from your bank account approximately ten (10) days after the initial payment fails. In the event that subsequent fee collection auto-debits also fail, you may continue to incur fees related to such attempts. You assume all responsibility for all such fees. Returned item fees vary; please contact your leasing office for details. Additional fees may also be assessed by your bank and/or Property Management Company. Your copy of the application will serve as a receipt for the application fee collected.
6.2 If you are applying for a lease, no guarantees are made to you that a unit or other property rental is or will be made available. You understand that you will acquire no rights in or to a property rental until you accept and sign a rental agreement and pay all applicable application fees and security deposits.
6.3 You authorize Evellien Townhomes themselves or through any vendor of their choice to obtain such credit reports, criminal histories, character reports, verification of rental and employment history as it deems necessary to verify all information in your application.You further understand that false, fraudulent, misleading or incomplete information may be grounds for denial of tenancy or subsequent eviction. There are no warranties offered by Evellien Townhomes, whether express or implied.
6.4 You hereby authorize Evellien Townhomes, to initiate transaction entries, including any convenience fees noted herein, to your transaction account number (including checking and savings accounts) and/or charges to your credit card. This billing will occur at the time of payment of each transaction.
6.5 You hereby acknowledge that Evellien Townhomes may apply a convenience fee with each transaction initiated through the payment gateway. Evellien Townhomes may amend this convenience fee at any time with or without notice. All convenience fees will be displayed on the payment screen prior to finalizing your transaction.
6.6 Evellien Townhomes make every effort to comply with all payment processing rules and regulations. If you believe you have been charged a convenience fee in error, please contact the Property Management Company to whom your payment is submitted.
6.7 We advise you that your credit card or bank account billing statement will show a charge item that displays the name of the merchant account of the payee. If you are unsure of that name, you agree to contact payee before processing this transaction so as to be sure to recognize the transaction when it appears on your monthly statement.
6.8 We reserve the right to cancel your transaction processing account at any time for any reason. Your payee may also decline/refuse any and all payments at any time and for any reason at which time we will return the payment amount entered into the Payment Gateway, minus convenience fees paid, in an appropriate and reasonable time frame.
6.9 We reserve the right to refuse processing service to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments must be deleted before use of service is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving - otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place. You agree to defend, indemnify and hold harmless Evellien Townhomes, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns for any recurring payments that are charged because you failed to cancel your recurring payment. We, in our sole discretion, may cancel this service without notice.
6.10 If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if such actions can reasonably and efficiently handle said problem.
6.11 Both you and payee mutually reserve the right to cancel, reverse or halt any and all checking or savings account or credit card transactions that have been cleared through the Payment Gateway.
6.12 Evellien Townhomes will comply with all applicable Payment Card Industry Data Security Standards (PCI-DSS). For purposes of PCI-DSS compliance, Evellien Townhomes is responsible for all cardholder data it possesses, stores, processes, or transmits on your behalf. Such cardholder data includes account numbers, card expiration dates, and CVV2 data. Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering services.
Nothing on this website is intended to solicit information from minors (people under eighteen (18) years old) or to seek to determine whether the visitor is a minor. If you are under eighteen (18), you are not permitted to submit to us any personally identifiable information, such as your name, address, email address, telephone number or any other information that would permit us to identify you. If you are under fourteen (14), it is against the law for us to ask you for that information, and we will not ask for it, nor do we want it. Anyone under 18 who wants to obtain any product from Evellien Townhomes or otherwise submit any personally identifiable information to us should ask a parent or guardian to do it in his/her own name. Because such information will not be specifically identified as being from minors, users of this website should be aware that personally identifiable information submitted to it by minors may be treated in the same manner as information given by an adult. If we learn we have collected or received personal information from a child under the age of 14 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 14, please contact your Property Management Company.
8.1 You agree to defend, indemnify and hold harmless Evellien Townhomes, their affiliates, licensors and service providers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fess (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, the User Content provided by you, any use of the Site's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site or your violation of any law. Evellien Townhomes will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.
8.2 We will not be liable for performance of services where delayed by an act of force majeure including but not limited to: war, riot, embargoes, strikes, or acts of our vendors and suppliers, concealed acts of workmen (whether ours or others), or accidents. The indemnification provided for in this article shall survive any termination of this Agreement. You declare the following:
8.3 We reserve the right to suspend or terminate any account or transaction from you if you provide us with information that is untrue, inaccurate, not current or incomplete. You may not use the Payment Gateway for any illegal purpose or in any manner inconsistent with the terms and conditions set forth in this agreement. You agree that services provided via the Site shall only be used for lawful purposes. Any transaction or transmission which violates federal, state or local laws is expressly prohibited. You hereby authorize us to investigate and confirm the information herein. For this purpose we may utilize credit bureau/reporting agencies and/or our own agents. Upon your request, we will provide you with a copy of the results of such investigation if needed. However, you must request such documentation within fourteen (14) days of becoming aware of the investigation.
8.4 Any claim or legal action arising out of disputes, failures, misrepresentations, malfunctions, or defects shall be waived and in no event shall our liability exceed the total amount in convenience fees you paid to us hereunder.
8.5 You agree, as a company and/or as an individual, to defend, indemnify, and hold harmless , Evellien Townhomes, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of any services contemplated under this Agreement, which cause damage to you or any other party. We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.
8.6 We retain full ownership of all data submitted by you through the Payment Gateway.
9. DISCLAIMERS OF WARRANTIES.
EVELLIEN TOWNHOMES, PROVIDE THE SITES 'AS IS' AND 'AS AVAILABLE'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED 'AS IS,' 'AS AVAILABLE,' 'WITH ALL FAULTS,' AND WITHOUT WARRANTY OF ANY KIND.
10. Links to Third Party Sites.
As a convenience, we may provide links to third-party websites from the Site. We are not responsible for and do not endorse the informational content or any products or services available on any third-party website and do not make any representations regarding its content or accuracy. We take no responsibility and assume no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained on such sites. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Evellien Townhomes websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter on such third-party sites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when leaving our Sites of the privacy statements and terms & conditions of each website that collects personally identifiable information.
11. WAIVER AND RELEASE OF LIABILITY
YOUR ACCESS AND USE OF THE SITE IS AT YOUR OWN RISK. To the fullest extent permitted by law you hereby waive and release us from any and all claims, losses, costs or damages of any nature whatsoever resulting from or in any way related to your use of the Site. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. We will not be liable to you for loss of profit or revenue, loss of business opportunity, loss of use, product liability, or for any incidental, special, indirect, punitive or consequential damages arising out of or in connection with your use of the Site. The ratings and reviews posted on the Site are opinions and could be changed by a third party. If you choose to live at the property based on the ratings or reviews posted here, we are not liable for any actions arising from this service. Third parties will have access to view any ratings and reviews that you post on the Site, and we are not liable for any actions or liability that may arise from such access. We are not liable for the information contained in the Site that is posted by third parties, and no warranties arise from this service, including if the information is false. This waiver and release shall apply to all claims, whether under the law of contract, equity, tort, strict liability or otherwise.
12. Exclusive Remedy; Damage Exclusions & Limitations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EVELLIEN TOWNHOMES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR REPRESENTATIVES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
13. Dispute Resolution.
Any controversy or claim arising out of or relating to the use of the services on this site, the relationship resulting from the use of such services, or a breach of any duties hereunder will be settled by Arbitration in accordance with the Commercial Arbitration Rules of the U. S. Arbitration & Mediation rules (“USA&M”) or the American Arbitration Association (“AAA”). All hearings will be held in North Carolina before an Arbitrator who is a licensed attorney with at least 15 years of experience in commercial law. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. The Federal Arbitration Act (9 U.S. Code §1 et..seq.) shall govern all arbitration and confirmation proceedings. As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them at USA&M or AAA. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally and the costs for arbitration shall be paid by the unsuccessful party. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute. The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of us. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of us will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties in our sole discretion and without your permission.
14.2 Entire Agreement
The Terms constitute the sole and entire agreement between you and Evellien Townhomes with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms will continue in effect. The Terms (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and us with respect to the Site and supersedes all other prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us regarding the Site and/or any order you place through it.
14.3 No Waiver
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
Evellien Townhomes make every effort to comply with all payment processing rules and regulations.
Whereas we have provided the ability to translate this Agreement into languages other than English, this translation is provided for convenience only. Your relationship with Evellien Townhomes will be governed by the English language version of the Agreement, and if there is any contradiction between the English language version and a translated version, the English language version shall take precedence.
14.5 Opt-Out or Change Information
Requests to change your personally identifiable information may be submitted using the contact information below. We may send email regarding our services. If you wish to discontinue such communications, follow the directions contained in the email to remove a name from our mailing list.
14.6 Governing Law; Forum and Venue Selection
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims),shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any principles of conflicts of law. Any dispute between you and us regarding the content or use of this Site may be resolved by mediation, with hearings held in the English language in North Carolina and shall not be joined with any dispute that any other person or entity may have with us.
You agree that any cause of action arising out of or relating to this agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Jurisdiction of any legal proceeding arising hereby shall be exclusively adjudicated in North Carolina, United States of America. You hereby agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in the State of North Carolina. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and expressly waive any arguments that this forum is inconvenient.
14.7 Contact Us
For questions or concerns about the use of personal information or about these Terms, please contact Evellien Townhomes.