TERMS OF USE AGREEMENT
Welcome to the website for Milena Apartment Homes. Your use of our website located at www.milenaapartment.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. Milena Apartment Homes 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 Milena Apartment Homes.
Milena Apartment Homes 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. Milena Apartment Homes 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. Milena Apartment Homes reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion. Further, Milena Apartment Home 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 Milena Apartment Home has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Milena Apartment Home 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 Milena Apartment Home 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. Milena Apartment Home cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
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 Milena Apartment Homes 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 Milena Apartment Homes;
• impersonates any person or entity or misrepresents your connection or affiliation with a person or entity, including Milena Apartment Homes or any employee or representative of Milena Apartment Homes; or
• constitutes illegal activity.
Milena Apartment Homes 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. Milena Apartment Homes recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.
Milena Apartment Homes does not endorse or control the content, messages or information found in any Interactive Area and, therefore, Milena Apartment Homes specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
You acknowledge and agree that Milena Apartment Homes 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 Milena Apartment Homes, the Site, its users and the public.
Limits on Liability. Milena Apartment Homes will not be liable for:
– The contents of any communication, message, or information posted by you or other third parties;
– The content of any website not controlled, owned, or operated by Milena Apartment Homes that is accessed from or linked to this Site;
– The content, services or information provided by any website purporting to be operated by Milena Apartment Homes or its affiliates, but not actually affiliated with, controlled, owned, or operated by Milena Apartment Homes;
– 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
– 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 Milena Apartment Homes 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. Milena Apartment Homes 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. Milena Apartment Homes 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. Milena Apartment Homes does not endorse or represent the reliability, accuracy or quality of any information or non- Milena Apartment Homes 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 Milena Apartment Homes 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 Milena Apartment Homes has no control over third-party websites and resources, you acknowledge and agree that Milena Apartment Homes 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 Milena Apartment Homes 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 Milena Apartment Homes 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 Milena Apartment Homes are the copyright of Milena Apartment Homes. All rights reserved. You agree that all of Milena Apartment Homes trademarks, trade names, service marks, logos and service names are trademarks and are property of Milena Apartment Homes. You agree not to display or use in any manner the Milena Apartment Homes Marks, without the express prior permission of Milena Apartment Homes.
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 Milena Apartment Homes, 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. Milena Apartment Homes shall have the right to participate, at its sole expense, in the defense of any indemnified claim, through counsel of its own choosing.
Enforcement. Milena Apartment Homes does not assume responsibility to you or others for any failure by Milena Apartment Homes to enforce the provisions contained in the Terms.
Termination. You agree that Milena Apartment Homes, 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 Milena Apartment Homes believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Milena Apartment Homes 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 Milena Apartment Homes may immediately bar any further access to the Site. Further, you agree that Milena Apartment Homes shall not be liable to you or any third party for any termination of your access to the Site.
Fair Housing/Equal Housing Opportunity. Milena Apartment Homes is an Equal Housing Opportunity company, which means Milena Apartment Homes (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:
RaceColor
National origin
Religion
Sex
Familial status
Handicap (or disability)
Milena Apartment Homes also operates in states and local jurisdictions which have additional fair housing laws and more protected classes. Milena Apartment Homes 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. Milena Apartment Homes 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 Cameroon Ministry of Housing and Urban Development (“MINHDU”) MINHDU maintains extensive fair housing information on the internet which can be accessed on the internet at http://www.minhdu.gov.cm/
General Acknowledgments. You acknowledge that Milena Apartment Homes may establish general practices and limits concerning your use of the Site. You agree that Milena Apartment Homes has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. Milena Apartment Homes 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 Milena Apartment Homes shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that Milena Apartment Homes reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
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, MILENA APARTMENT HOMES 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 MILENA APARTMENT HOMES EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. MILENA APARTMENT HOMES 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 FROMMILENA APARTMENT HOMES 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 Milena Apartment Homes reserves the right, but not the obligation, to terminate your right to use the Site if Milena Apartment Homes 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. Milena Apartment Homes accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
When you rent an apartment or a room with us, there are certain terms and conditions you have to be aware of.
Deposit
Often you will be expected to pay a deposit of between 1 and 3 months’ rent, which you pay up front when you rent the apartment, and which you get back when you move out of the apartment. If there are any damages to the apartment, the cost of repair will be deducted from the deposit.
Payments
– 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. If payment is made by eCheck/ACH, you understand that if such payment is returned from the bank for any reason,you may charged additional returned item fee(s) , which will be added to the original amount and auto-debited from your bank account at least 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 the leasing office for details. Additional fees may also be assessed by your bank and. Your copy of the application will serve as a receipt for the application fee collected.
– If you are applying for a lease, no guarantees are made to you that a 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.
– You authorize the Milena Apartment Homes 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 us whether express or implied.
– 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.
– 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.
– 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 indemnify and hold us harmless for any recurring payments that are charged by accident or because you failed to cancel your recurring payment. You can cancel your service by calling (237) 6941 94961 or sending an email to contact@milenaapartment.com. We, in our sole discretion, may cancel this service without notice.
– 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.
– 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.
Privacy Policy for Text Messaging
If you subscribe to our SMS Services, you thereby agree to receive SMS Service messages at the address you provide for such purposes. Such messages will come from milenaapartment.com
Participation in our service is free of charge but standard carrier text messaging charges will apply. You may change your mind at any time by following the opt-out instructions below. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges. Milenaapartment.com will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your express or implied prior consent.
Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service.
Privacy Policy
We hold the protection of client information to be very important. As part of your use of the website, you may provide us with personal information such as your name, business name and mailing address, telephone number, fax number, and e-mail address that will permit us to identify you. We will use all other personal information we collect from you only for purposes appropriate for conducting our business, including using it on other third party sites, providing the ratings and reviews you submit to third parties, follow up on services provided, sending announcements on new features, events, products or services, creation of a client database, audits, reporting requirements, and for other activities related to business administration, marketing, research, product development, or improving the quality of our services and products.
Information about you will be collected from the following sources:
- Information received from you on online applications, print applications, or other forms;
- Information about your transactions with the Property Client, their affiliates, or others; and
- Information received from a consumer reporting agency.
The information collected may be disclosed, as described above, to Property Client affiliates, to other financial institutions with whom joint marketing agreements exist, or to companies that perform services or functions on their behalf. These companies may include financial service providers and non-financial companies such as computer and data processing companies, and marketing and aftermarket service providers. These companies will be contractually obligated to use the information only to provide the services requested of them.
You understand and agree that all information entered and transmitted through this Site (“User Content”) is the sole responsibility of the person from whom such User Content originated. More specifically, you are entirely responsible for all User Content you make available herein. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself as you may be prompted to provide, and (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided for use on the Site.
Milena Apartment Homes will take commercially reasonable measures to safeguard your information. However, as effective as any security measure implemented by Milena Apartment Homes may be, no security system is impenetrable. Milena Apartment Homes cannot guarantee the complete security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. If you do not want Milena Apartment Homes or the Property Client to know any particular information about you, you should not include that information in anything you submit or post to this Site.
Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering services.