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Sevona Terms of Use

Effective Date: October 2013

Sevona Apartments (“Sevona”, “we”, “us”) is the legal owner of this web site and other web sites (collectively, “Sites”) that have direct links to these Terms of Use. Sevona values your business, loyalty, and confidence in our services. We provide the Sites to provide information about us and our communities, to allow you to apply online to live in one of our communities and, if you become a resident at one of our communities, to communicate with us electronically to make your life easier.

Please read these Terms of Use carefully because they contain the terms, covenants and conditions (collectively, the “Terms”) upon which you (also referred to herein as “User”) may access and use the Sites. By visiting the Sites and using the Sites, you are agreeing to be legally bound by the Terms.

1. Introduction

Your use of the Sites constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Sevona may change, edit, modify, delete, revise, or update the Terms from time to time, or at any time, without notice, and your use of the Sites after any changes, edits, modifications, deletions, revisions, or updates are posted to the Sites constitutes your agreement to comply with the newly posted Terms.

In addition to these Terms, Sevona may require additional terms and conditions (“Additional Terms”) that apply to certain services or features we offer on or via the Sites (such as payment services, service or maintenance requests, social media services, blogs, etc.), and you acknowledge that you will be subject to such Additional Terms 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.

2. Online Transactions, Notice and Consent to Electronic Communications

When you visit the Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us and our third-party service providers electronically. We may communicate with you by email or by posting notices on the Sites. The Sites may provide you with the option to electronically enter into certain transactions related to your proposed or actual rental of an apartment, including, without limitation, an application to lease an apartment, certain consents related thereto, a lease agreement for an apartment for which you have been approved to rent, a renewal of an existing lease agreement, and/or payments related to your application for or lease of an apartment. Your use of the Sites to enter into such transactions with us is entirely voluntary. However, if you enter into any such transaction via the Sites, you consent to doing such transaction in electronic form, and to providing an electronic signature in the form specified on the Sites, rather than a handwritten signature, whenever a signature is required in connection with a transaction on the Sites. In addition, you understand and acknowledge that all transactions that you enter into via the Sites will be legally binding on you just as if they were done on paper, and that your electronic signature in the form specified on the Sites will be binding as though you had physically signed such document on paper by hand.

3. Payments and Refunds


As a convenience to its residents, Sevona provides on the Sites an online payment function. All payments of rent or other amounts due under a lease must be paid when due, by online payment or at the management office of the community in which a resident lives. All payments are final, and no refunds shall be granted in accordance with the terms of each resident’s lease (subject, however, to the terms of each lease).

4. Passwords and Accounts

When you register with the Sites, you will be asked to create an account and provide Sevona with true, accurate, current and complete information about yourself (your “Information”) and, where required, to maintain and update it promptly. Only existing residents of Sevona will be permitted to register for an account. Sevona reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Sevona or by third parties.

Your use of certain portions of the Sites requires a User ID and password. Anyone with knowledge of your User ID and password can gain access to the restricted portions of the Sites and the information available to you. Accordingly, 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 Sites, so that others may not access the Sites using your User ID and password. By agreeing to these Terms, you agree to be solely responsible for the confidentiality and use of your respective User ID and password, as well as for any communications entered through the Sites using your User ID and password. You agree to immediately notify Sevona if you become aware of any loss or theft of your User ID and password or any unauthorized use of your User ID and password, and further agree to accept responsibility for all activities that occur under your User ID and password until such time as you notify us that your User ID and password have been compromised or otherwise request that we suspend or cancel your account. Sevona shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations. Sevona reserves the right to delete or change a User ID and/or password at any time and for any reason.

For your protection, Sevona reserves the right, but is not obligated to view, monitor, and record activity on the Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Sites. Sevona will also comply with all court orders involving requests for such information.

5. Equal Housing Opportunity

We comply with all federal and state laws that regulate fair housing. The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property. The Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin. Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities. The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant's income derives from any public assistance program. State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

We support Equal Housing Opportunity and encourage users of our Sites to follow appropriate guidelines to comply with the Federal Housing Act, as well as any applicable state and local regulations. All renters are hereby informed that all property rental offers are available on an equal opportunity basis. We have a responsibility and a requirement under the law not to discriminate in the rental of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. Moreover, we will not establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national origin.

As someone seeking to rent an apartment, home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.

6. Privacy Statement

Sevona is committed to protecting the privacy of the visitors to the Sites. For information on how information is collected, used, or disclosed by Sevona in connection with your use of the Sites, please consult our Privacy Policy.

7. No Reliance

Statements made in this Sites may include statements of intention relating to Sevona’s properties and business, which are based on Sevona’s current expectations and projections. These statements are not guarantees of future performance and may be affected by risks and uncertainties that are difficult to predict. Users, therefore, should not place undue reliance on any such statements of intention. Further, any statement of intention speaks only as of the date on which such statement is made, and Sevona undertakes no obligation to update any such statement to reflect new information, the occurrence of future events or circumstances or otherwise.

8. Third-Party Links

To the extent that the Sites contains third-party links, those links may direct you to third-party web sites that are not affiliated with Sevona. Moreover, these links do not imply an endorsement of any third party, web site, or the products or services provided by any third party. Your dealings with such third-party web sites are solely between you and such third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms, Sevona is not responsible for, and does not provide or make any representations or warranties with respect to, the content, the accuracy or currency of the information, products, services, personal information practices, ownership, or legality of any such linked third-party web sites, unless expressly stated by us. Sevona is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.

Sevona may post advertisements of third parties on the Sites, including promotions of advertisers, members, or sponsors showing their goods and services on the Sites. Your correspondence, purchases, participation in, or any other dealings with third parties found on the Sites are solely between you and such third party. You agree that Sevona shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Sites. Moreover, Sevona shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on the Sites. You shall not knowingly or intentionally interfere with the display of any such advertisement.

9. Trademarks

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on the Sites are the registered and/or unregistered Trademarks of Sevona, or such third party licensors that may own the displayed Trademarks. Nothing contained on the Sites or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on the Sites without the written permission of Sevona or such third-party licensors that may own the displayed Trademarks.

10. Sites Contents and Copyright

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, floor plans, button icons and their arrangement on the Sites (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other web sites. Access to and use of the Sites are allowed solely for User and visitor information and communication with Sevona. You may download, copy or print the Content of the Sites for your non-commercial limited use only. No right, title, or interest in any of the Content of the Sites is transferred to you as a result of any downloading, copying, printing or use of the Sites.

11. Copyrights and Digital Millennium Copyright Agents

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on the Sites. Our copyright agent is Sevona’s General Counsel. The agent can be reached by phone at 714-786-5000, by e-mail at admin@sevona-apartments.com or by U.S. Mail at 7715 Crittenden Street, #358, Philadelphia, PA 19118.

To be effective, your infringement notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

5. The following statement: “I 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”; and

6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1. Sevona will remove or disable access to the content that is alleged to be infringing;

2. Sevona will forward the written notification to the alleged infringer; and

3. Sevona will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Sevona, the alleged infringer will have the opportunity to respond to Sevona with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Sevona’s designated copyright agent, and must include the following:

1. A physical or electronic signature of the subscriber;

2. Identification 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 disabled;

3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and

4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Sevona may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

12. Release; Limitation on Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE; AND (3) THAT SEVONA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS. IF, IN SPITE OF THE FOREGOING, SEVONA BECOMES LIABLE IN CONNECTION WITH THE SITE, IN NO EVENT WILL SEVONA’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SITE EXCEED FIFTY ($50) DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SEVONA’S AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. Disclaimer

THE CONTENT PROVIDED ON THE SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” SEVONA MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT, APPROPRIATENESS OR PERFORMANCE OF THE SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND SEVONA MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THE SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. SEVONA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THE SITE FOR ANY PURPOSE. TO THE EXTENT ALLOWABLE BY EXISTING LAW, SEVONA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NO SEVONA EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THE FOREGOING WARRANTY DISCLAIMER.

SEVONA RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND SEVONA WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

14. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD SEVONA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR YOUR BREACH OF THESE TERMS.

15. Choice of Law and Forum

These Terms will be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law rules. For all disputes arising out of or relating to the Sites or Terms, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, Delaware.

16. Time for Filing Any Claim

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, these Terms or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. SOME JURISDICTIONS DO NOT ALLOW FOR TIME OF FILING LIMITATIONS, IN SUCH JURISDICTIONS THE TIME TO FILE SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. Miscellaneous

The Content posted on the Sites is for informational purposes only; past results are not intended to indicate future performance. Sevona reserves the right to change the Content at any time. Sevona reserves the right to discontinue any service offered via the Sites at any time. Any offer of services made on the Sites is void where prohibited.

The Sites are further defined as any web pages and sites under Sevona’s control, whether partial or otherwise, including, without limitation, any web site from which these Terms of Use were accessed. Sevona is further defined as each legal entity owning and operating an apartment community under the Sevona brand.

18. Termination

Sevona may terminate the Terms at any time and may do so immediately without notice and, accordingly, refuse or terminate your access to the Sites, if, in Sevona's sole discretion, you fail to comply with any term or condition of the Terms.

19. Sites Status

Please remember when reviewing information on the Sites that such information may not represent the complete information then available because the Sites may not have been updated yet. In addition, subsequent events or changes in circumstances may cause existing information on the Sites to become inaccurate or incomplete.

On occasion, information on the Sites may contain errors, including, without limitation, typographical errors, inaccuracies, omissions and timeliness of information. Sevona reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel offers if any information on the Sites is inaccurate (including after you have submitted your order).

Should you have any questions concerning the Terms, or if you desire to contact Sevona for any reason, please contact us at admin@sevona-apartments.com.