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NexMetro Terms of Use and Privacy Policy

The following terms of use and privacy policy (the “Terms of Use“) of this website (the “Site”) shall govern the relationship of you, as the user of the Site, and NexMetro Communities, LLC, an Arizona limited liability company and its affiliates (“NexMetro”). PLEASE READ THE FOLLOWING TERMS OF USE AND PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY ACKNOWLEDGE, AGREE AND CONSENT TO BE BOUND BY THESE TERMS OF USE. NexMetro may amend these Terms of Use at any time without specific notice to you. These Terms of Use may change at any time and will be posted on this Site.

  1. In connection with your access to and use of the Site you agree not to: (a) upload, post, email, transmit, or otherwise make available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; (b) upload, post, email, transmit, or otherwise make available any material, including, but not limited to “trojan horses”, “worms”, “spam”, “junk mail”, software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (c) use any device, software, or routine that interferes with the proper working of the Site; (d) impersonate any individual or entity, including but not limited to, any company officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresent any affiliation with an individual or entity; and (e) violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  2. User Representations. You represent and warrant that (i) you are at least 16 years of age; (ii) your use of the Site does not violate any laws or rules of the jurisdiction(s) in which which you use or otherwise access the Site; (iii) all information provided by you to NexMetro is correct; (iv) you possess the legal right and ability to enter into these Terms of Use; (v) your use of the Site shall be in accordance with these Terms of Use; and (vi) your use of the Site shall be in accordance with all applicable laws and regulations.
  3. Collected Information/Cookies/Third Party Sites. Throughout the Site, you may voluntarily submit information that personally identifies you and is non-public personal information (the “Information“). The Information may include, but is not limited to, include your name, address, telephone numbers and email address. NexMetro may collect various types of information from you that do not identify you personally in order to improve user experiences with the Site and to help NexMetro better understand how the Site is being used and to provide this non-personally identifying information to third parties. NexMetro may also use your Information to send you periodic emails or correspond with you to answer any questions or inquiries sent to NexMetro. NexMetro may also contract with third-parties to perform services on the Site that require these companies to collect Information in order to assist NexMetro in operating the Site and conducting the business of NexMetro. If you are a resident of the European Economic Area (“EEA”), please see the “Note to EEA Residents” in Section 9
  4. Cookies. NexMetro uses a text file called a “cookie” (or a piece of information transferred to your hard disk for record keeping purposes) in the browser files of your computer. The cookie itself does not contain information that would personally identify you, although it could enable NexMetro to relate your use of the Site to information that you have specifically and knowingly provided to the Site.
  5. Third Party Sites. The Site may contain references or links to other websites, including, but not limited to, job applicant information gathering, assessment and testing sites and investor relations sites (“Third Party Sites”). Unless otherwise provided herein, NexMetro does not sell, trade, or otherwise transfer Information to Third Party Sites. Inclusion of Third Party Sites on the Site does not imply approval or endorsement of the Third Party Sites by NexMetro. If you decide to leave the Site and access these Third Party Sites, you do so at your own risk. NexMetro is not responsible for the content, accuracy or opinions expressed in such Third Party Sites. Notwithstanding anything herein to the contrary, NexMetro may release Information to comply with the law, enforce these Terms of Use, or protect the rights, property or safety of others.
  6. Intellectual Property Rights. You acknowledge, understand and agree that all of the NexMetro trademarks, copyrights, trade names, service marks and other NexMetro logos and any brand features, or product and service names are trademarks and as such, are and shall remain the property of NexMetro. NexMetro grants you a limited, nonexclusive, non-transferable license to view, print, and download the Site content solely for your own personal use. You may not reproduce, republish, distribute, assign, sublicense, sell or prepare derivative works of the Site content. All rights in and to the Site content not expressly granted in this paragraph remain with NexMetro.
  7. No Confidentiality. You acknowledge that transmission to and from the Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to NexMetro, no confidential, fiduciary, contractually implied or other relationship is created between you and NexMetro other than pursuant to this Terms of Use.
  8. Limitation of Liability/Disclaimers. The content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. The Site and any website links do not constitute an offer on behalf of NexMetro an offer to lease or a solicitation of offers to lease real property or units.
    NEXMETRO IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE FOR ANY REASON TO ACCESS THE SITE OR OTHERWISE USE OR RECEIVE INFORMATION FROM OR REGARDING THE SITE.  NEXMETRO SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE RELATED TO THE SITE. NEXMETRO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE ARE INTENDED FOR GENERAL REFERENCE AND INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” NEXMETRO DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED.

    Any NexMetro marks contained on the Site are registered trademarks of NexMetro Communities, LLC, an Arizona limited liability company. All other trademarks used on the Site are the property of their respective owners.  NexMetro reserves the right to terminate your access at any time for any reason or for no reason to the Site.

  9. Note to EEA Residents. If you are a resident of the EEA, you have certain rights and protections under the law set forth below regarding the processing of your Information.
    1. Lawful Basis for Information Processing. NexMetro will only process your Information for the purposes set forth above in Section 3 which include the following: (i) to send periodic emails or correspond with you to answer any questions or inquiries sent to NexMetro; (ii) to improve customer service; and (iii) to improve the NexMetro website. In the event NexMetro is processing your information for other purposes, these Terms of Use will be updated.
    2. Data Subject Requests. As a resident of the EEA, you have certain rights as they relate to the access and accuracy of your Information, which rights may include the following: (i) right to access Information that NexMetro holds about you (ii) right to ask that this Information be corrected; (iii) right to have your Information deleted or erased; (iv) right to withdraw consent to NexMetro’s access to your Information; and (v) right to object to the use of your Information by NexMetro. If you would like to exercise any of these rights, you may contact NexMetro’s data processor by emailing info@nexmetro.com.
    3. Data Retention. NexMetro stores Information collected for as long as is necessary for the purposes for the purposes described above. NexMetro may retain certain Information for legitimate business purposes or as required by law.
    4. Questions or Complaints. If you have a concern about how NexMetro is processing your Information that NexMetro cannot resolve for you, you have right to make a complaint with the data protection authority where you reside. To identify your local data protection authority please access the European Commission website which provides lists of the same.

    Copyright © 2018 NexMetro Communities. All rights reserved.