New Terms and Conditions of Use
READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SITE. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOU USE OF THIS WEB SITE AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING AN ARBITRATION PROVISION AND CLASS ACTION WAIVER GOVERNING DISPUTES WE MAY HAVE.
This web site, and the information, content and services it makes available (which, collectively are referred to as the “Web Site”), is provided to you by Equity Residential, a Maryland Real Estate Investment Trust and its affiliates, subsidiaries and related entities (collectively, "Equity" or "we" or "us"). These Terms and Conditions of Use (“Terms”) set forth the terms and conditions governing your use of the Web Site and constitute a binding agreement between you and Equity.
You should read these entire Terms as they grant us rights from you, obligate you to us in material ways, limit how you can use the Web Site and its content, limit your rights and remedies, and require you to arbitrate disputes only on an individual (not class) basis and waive going to court. Click on any of the section headings in this table of contents to be taken to that section. Each section has a link at the end of the section to return to the table of contents.
Table of Contents
- Modifications to these Terms.
- Additional Terms.
- Web Site Content.
- Scope of Use.
- Notice of Infringement.
- Registration and Accuracy of Information You Provide.
- Controlled Access Obligations.
- Sweepstakes, Contests, and Promotions.
- Links to and from the Web Site.
- Online Applications, Consents, Leases, Payments and Other Transactions.
- DISCLAIMER OF WARRANTIES.
- LIMITATION OF LIABILITY.
- Modification of Suspension of the Web Site or Access.
- Dispute Resolution (Mandatory Arbitration/Class Action Waiver; Governing Law, Jury Waiver; Jurisdiction).
- Entire Agreement.
- Forward-Looking Statements.
- Contact Information.
1. Modifications to these Terms.
We may make prospective changes to these Terms from time to time in our sole discretion, by updating and posting the revised Terms on this Web Site, and specifying the effective date of the new version of the Terms. Your continued use of the Web Site following the posting of a new version of the Terms constitutes your acceptance of any such changes; provided, however, the prior terms in effect during prior uses will continue to govern those uses unless you otherwise consent. Accordingly, when you visit this Web Site you should periodically check to see if a new version of these Terms has been posted.
2. Additional Terms.
In addition to these Terms, we may also post additional terms and conditions (“Additional Terms”) that apply to certain services or features we offer on this Web Site (such as payment services, sweepstakes, contests, message boards, chat rooms, blogs, etc.), and you will be subject to such additional guidelines when you access these services or features. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state that these Terms will control.
3. Web Site Content.
This Web Site contains a variety of information and content, including: (1) copyrighted material, such as information, text, directories, graphics, photographs, illustrations, floor plans, maps, images, video and audio clips, sound clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall “look and feel,” (2) trademarks, logos, trade names, service marks, and trade identities, whether registered or unregistered (collectively the "Trademarks"), and (3) other forms of information and intellectual property (all of the foregoing collectively and individually are referred to as " Content"). You may only use the Content as set forth in Section 4 and subject to these Terms. Without limiting the generality of the foregoing, the Web Site and its Content are subject to the following:
All right, title, and interest in and to the Content available via the Web Site is the property of Equity or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. You may not copy or otherwise use any of the Content except as expressly authorized by these Terms.
While we strive to keep the Content that we post on the Web Site accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on this Web Site is accurate, complete, timely or applicable to you.
In addition, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Web Site, or by means other than the Web Site, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn) (“ Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.
4. Scope of Use.
You agree to use the Web Site solely for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Web Site. We grant you a nonexclusive, nontransferable, revocable, limited license to download (cache copy to enable viewing only) and view the Web Site, and to print copies of Web Site pages, only for your personal, non-commercial use. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Web Site in any other manner or for any other purpose without the prior express written permission of Equity. Any unauthorized use of any Content from the Web Site may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
5. Notice of Infringement.
If you are a copyright owner and believe infringing use of your content is on our Web Site, or you are a user that has received notice that you posted allegedly copyright infringing content on our Web Site, click here for more information.
Equity Residential Web Site Copyright Infringement and DMCA Policy:
We ask our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In our sole discretion, we may remove content from our Web Site that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“ DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Web Site, then you may send us a written notice that includes all of the following:
- a legend or subject line that says: “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Web Site on which the material appears);
- your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- your electronic or physical signature.
We will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below:
- By Mail:Equity Residential, Two North Riverside Plaza, Suite 400, Chicago, IL 60606 (Attn: Legal Department – DMCA Notice)
- By Email:Contact us here.
- By Facsimile:312-454-0039
It is often difficult to determine if your copyright has been infringed. We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Equity’s other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the Web Site and any other website owned or operated by us.
If access on the Web Site to a work that you submitted to us is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
- a legend or subject line that says: “DMCA Counter-Notification”;
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Web Site from which the material was removed or access to it disabled);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, email address, and the username of your account;
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Web Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
6.Registration and Accuracy of Information You Provide.
7.Controlled Access Obligations.
If any portion of the Web Site restricts access and requires the use of a User ID and password, your access to and use of such restricted access portion is subject to the following terms:
You agree to use such portions of the Web Site only with the User ID and password assigned to you or associated with your registration, and that you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Web Site.
You are responsible for maintaining the confidentiality of your User ID and password, and for restricting access to your computer, or other device you use to connect to the Web Site, so that others may not access the Web Site using your User ID and password. You agree to immediately notify us of any compromise or unauthorized use of your User ID or password or any other breach of security.
You agree to accept responsibility for all activities that occur under your User ID and associated password until such time as you notify us that your user ID and password have been compromised or otherwise request that we cancel your account.
We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
8.Sweepstakes, Contests, and Promotions.
Any sweepstakes, contests or other promotions ("Promotions") that may be offered via the Web Site will be governed by a separate set of rules that, in addition to describing such Promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of Submissions you make, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you are eligible and want to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in any Promotion, you will become subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
9.Links to and from the Web Site.
The Web Site may provide links to other web sites and/or resources (including advertisements) that we do not maintain or which are not under our control (“Third Party Web Sites”). Your dealings with such Third Party Web Sites are solely between you and such third parties. We are not responsible for, and we make no representations or warranties with respect to, the content, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Site unless expressly stated by us. Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Web Sites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Web Site, so long as: (1) the links only incorporate text, and do not use any Trademarks, (2) the links and the content on your website do not suggest any affiliation with us or cause any other confusion, and (3) the links and the content on your website do not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violates any right of any third party or is otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Web Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
10.Online Applications, Consents, Leases, Payments and Other Transactions.
11.DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE WEB SITE AND ALL CONTENT ON IT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EQUITY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
12.LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT EQUITY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES OR DAMAGES DUE TO LOST PROFITS), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, EVEN IF EQUITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL EQUITY BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN $10.
13.Modification or Suspension of the Web Site or Access.
Equity reserves the right, in its sole discretion, to modify or discontinue the Web Site, or any portion of the Web Site, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Web Site or any portion of the Web Site.
Any violation of these Terms (as determined by Equity in its sole discretion) may result in restriction or termination of your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Equity.
15. DISPUTE RESOLUTION (MANDATORY ARBITRATION/CLASS ACTION WAIVER; GOVERNING LAW; JURY WAIVER; JURISDICTION)
A. Arbitration and Opt-Out. Except as specifically stated herein or agreed between us in writing, you and Equity agree that any controversies, allegations, actions, and claims relating to: your use of the Web Site or any information, content, services and applications accessed by you or offered to you through the Web Site; the Content; your Web Activities and Submissions; and these Terms and any Additional Terms (collectively “Disputes” or a “Dispute”) shall be resolved exclusively by final binding arbitration, except that you may assert claims in small clams court in the county of your residence or in Chicago, Illinois, if your claims qualify. For clarity, should you and Equity enter into a written agreement other than the Terms, Additional Terms or this Dispute Agreement (as an example, only, a lease agreement for an apartment), the other agreement shall govern any disputes relating to such other written agreement. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its applicable rules. All of the AAA’s rules are available at https://www.adr.org The AAA’s rules are also available by calling 1-800-778-7879. You may initiate arbitration by utilizing the forms available on www.adr.org. If you have any difficulty initiating arbitration, you may call the AAA at 1-800-778-7879. You and Equity are each giving up the right to have Disputes resolved in court before a judge and/or jury (except as stated otherwise in this Section 15). The provisions of this Section 15 constitute your and Equity’s written agreement for resolving Disputes, including agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The most current version of this Dispute Agreement in effect when any Dispute arises shall govern resolution of any Dispute.
Payment of all filing, administration and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules. To the extent your Arbitration Fees are determined to exceed the costs for filing and maintaining a claim covering your Dispute in a court of law with jurisdiction, Equity shall reimburse you for the difference unless it is determined that your claim was frivolous or brought in bad faith. You agree to commence arbitration only in your county of residence or in Chicago, Illinois. The arbitration will be conducted based on written submissions unless you or Equity requests a phone or in-person hearing, or the arbitrator determines that a phone or in-person hearing is necessary. The arbitrator may only award those damages and relief as could a court and must follow the conditions of the Terms and any Additional Terms and this Dispute Agreement.
You may opt out of the mutual agreement to arbitrate disputes and the corresponding class action waiver set forth in Section 15(C) below and continue to use this Web Site. In order to opt out, you must send a letter to: Equity Residential, Two North Riverside Plaza, Suite 500, Chicago Illinois 60606, Attention: General Counsel – Dispute Agreement Opt-Out to be post-marked no later than ten (10) days following your first use of the Web Site containing the Terms effective as of March 15 , 2022. In order to be effective to opt out, your letter must include your name, email address and date of your first use of the Web Site containing the Terms effective as of March 15, 2022. If you timely and effectively opt out, Sections 15(A) and 15(C) herein shall not apply to you, but the other provisions of Section 15 shall continue to apply to your Disputes
B. Governing Law. You agree that all Disputes will be governed by the Federal Arbitration Act (FAA), applicable Federal Law, and laws of the State of Illinois, without regard to conflicts of law principles.
C. No Class Action Matters. You and Equity each agree that resolution of any Disputes, whether in court or in arbitration, will be conducted and resolved only on an individual basis and not in a class, consolidated or representative action, and that any relief awarded, including equitable relief, shall only be awarded on an individual basis.
D. Equitable Relief. Notwithstanding anything to the contrary herein, you or Equity may bring suit in court to seek an injunction, a declaratory judgment or other equitable relief arising out of, or relating to, claims related to the validity or enforcement of your or our intellectual property rights or any intentional, illegal act affecting the accessibility, functionality, or security of the Web Site.
E. No Jury Trial; Choice of Law and Forum for Court Proceedings. If for any reason a Dispute proceeds in court, other than for Disputes brought in a small claims court for qualifying claims, you and Equity agree: (i) that any such Dispute may only be brought in a state or federal court in Chicago, Illinois, to be governed by the FAA, applicable Federal Law, and the laws of Illinois, without regard to conflict of law principles; (ii) to further irrevocably consent and submit to the exclusive personal jurisdiction and venue of such state and federal courts in Chicago, Illinois for resolution of any such Dispute; and (iii) to waive any right to a trial by jury.
F. Severability. With the exception of Section 15(C), if any part of this Section 15 is ruled to be unenforceable for any reason, then the remaining provisions of Section 15 shall remain in force as if any portion ruled unenforceable were not included in this Section 15. If Section 15(C) is ruled to be unenforceable for any reason, then Section 15(A) shall no longer be enforceable, but the remainder of this Section 15 shall remain in effect.
Any forward-looking statements contained on the Web Site are intended to be made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The words "believes," "expects" and "anticipates" and other similar expressions which are predictions of or indicate future events and trends and which do not relate solely to historical matters identify forward-looking statements. Such forward-looking statements are subject to risk and uncertainties, which could cause actual results, performance, or achievements of Equity to differ materially from anticipated future results, performance or achievements expressed or implied by such forward-looking statements. Users are cautioned not to place undue reliance on these forward-looking statements. Some of the risks and uncertainties which may cause the actual results to differ from those projected by such forward looking statements are discussed under the heading "Risk Factors" in our Annual Report on Form 10-K which may be accessed on the internet at www.sec.gov or through the Web Site. Many of these uncertainties and risks are difficult to predict and beyond management’s control. Forward-looking statements are not guarantees of future performance, results or events. Equity assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.
If you have any questions or concerns with respect to these Terms or the Web Site, you may contact us by email here.