Website Terms of Service
Updated November 19, 2021
Welcome to FirstKey Homes. Through our firstkeyhomes.com website ("Site") we provide a marketplace where you can find and apply to rent a home, as well as to request certain services as a renter and to pay your rent (collectively, the "Services" ). The Site is owned and operated by FirstKey Homes, LLC (collectively, with its subsidiaries and affiliates, "FKH", "we", "us" or "our" ). Throughout these Terms, all references to the Site shall include the websites of affiliates and subsidiaries of FKH that are involved with the operation of the Site or the provision of the Services.
IMPORTANT – PLEASE READ CAREFULLY
Changes to the Terms
We regularly update and improve the Services, and may at times remove features in order to improve your ability to use the Services. Because we are constantly trying to improve our Services, these Terms may also need to change. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed or otherwise consented to by both you and us.
Modifications to these Terms will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the "Terms of Service" link located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
Use By Minors; Parental/Guardian Consent
The Services are intended for access and use by individuals over 18 years of age, and you represent and warrant (i) that you are at least 18 years old and reside in a state in the United States in which our Services may legally be provided, and (ii) you are the person whose name and other information have been provided for the account that you have or are creating. Please note that we do not knowingly collect or solicit personally identifiable information from children under 13. If you under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.
Third-Party Service Providers
.Third Party Websites and Services
The Site may contain links to third-party websites or resources (which are not our third-party service providers). Third-party links are included solely for the convenience of users, and do not constitute any endorsement or approval by us of the third-parties, anyone sponsoring these sites or their products or services, or the products or services themselves. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed by a link from the Site, including any representations or warranties as to accuracy or completeness. Because we have no control over third-party websites, resources, products or services, you acknowledge and agree that we are not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that we 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. If you decide to access any such third-party websites, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that we do not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others who list properties or otherwise use the Site or the Services, (b) participate in any negotiations with respect to leases or other transactions involving third-parties, or (c) guarantee, endorse or ensure a rental property or any lease or other transaction between a user and property manager, owner or any other person or entity.
.Information Collected from Other Sources
Registration; Your Account
When you sign up to access our dashboard or to use our Services, you will initially be required to register and provide certain information, including, but not limited to, your name, email address and phone number ("Account Data"). In registering and providing the Account Data, you represent and agree that: (a) the information you are providing about yourself is true, accurate, current and complete; (b) you will maintain and promptly update your Account Data to keep it true, accurate, current and complete; (c) you are 18 years of age or older; (d) your use of the Services will not violate any applicable laws or regulations; (e) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of the Services; (f) promptly report to us any unauthorized use of your login information or the Services of which you become aware; (g) ensure that you log out from your account at the end of each session; and, (h) your membership is for your sole use and you will not authorize others to use your account. If we discover or have reason to suspect that you have provided us untrue, inaccurate, not current or incomplete Account Data, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services. If you select a home to rent you will be asked to complete and submit an application. That application will request certain personally identifiable information from you (such information, as well as your Account Data, is collectively referred to as "Personal Information").
We reserve the right to delete your account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with your account or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and your account, and are fully responsible for all activities that occur under your password and your account. You agree to: (i) immediately notify us of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that your account has been compromised, (iii) ensure that you fully exit from your account at the end of each session. 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 will be solely responsible for safeguarding your password and also for any actions under your password and account, whether authorized by you or not. 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 further agree not to use anyone else's password on the Site or attempt to gain access to the account of any other user. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Except as expressly provided below, any payments you submit through the Site including rental payments fees, and for any services, are for Services provided by us or our contractors. We or such other company may collect these fees directly from users as provided by the Site or the Services. You acknowledge these fees are subject to change. Services-specific terms may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to such payments by you.
Any rental agreements that you enter into through the Site (including but not limited to those agreements for which you electronically sign a lease or rental agreement) are separate agreements and are distinct from these Terms.
Unauthorized Use of Your Account
You are responsible for keeping your account login credentials (user name and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information. We shall not be held liable, in any way (including, but not limited to, any breach or use of your Data, to you or any third party, if your account is hacked or otherwise accessed by an unauthorized person or party, other than to the extent such unauthorized assess is directly due to our negligence.
As a visitor to our Site or as a renter, you hereby consent to receive electronic communications (email, text/SMS and by mobile phone) from us concerning our service offerings (collectively, "Communications"). For renters, the Communications may be those that we are required to send to you by law concerning the Services ("Required Communications"). The Communications may also be those that we send to you for other reasons. We may provide these Communications to you by sending an email to the email address you provided in connection with your account, by text/SMS to or by calling the mobile phone number you provide, and/or by posting the Communications on the Site. You may change the email or mobile phone number on file for your account by visiting your account information page. You may opt out of receiving all Communications via email by sending a notice to [email protected] that identifies your full name, user name and email address. If you are a renter and opt out, you will not receive any further electronic notices from us, which notices may include important notices or announcements, but, we will continue to mail you required or important notices.
Access to and Use of the Site
Subject to your compliance with these Terms, we grant you a personal, limited, terminable, nonexclusive, non-sublicensable, non-transferable right to access the Site and use the Service. We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of the Site or the Services; (b) restrict or terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site. Access to and use of this Site and its contents are permitted only for finding a home for rent, related payment services, requesting maintenance or other support services, and such other Services as we offer via the Site. Any other access to or use of this Site or its contents is unauthorized.
Acceptable Use and Restrictions on Use
You shall not (and shall not allow any third party to): (a) engage in commercial use of the Site or any content on the Site; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site or the Services, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (f) reformat or frame any portion of the web pages that are part of the Site or the Services; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or the Services or otherwise interfere with other users' or members' enjoyment of the Site or the Services; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Site or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Site; (l) use any device, software or procedure that interferes with the proper working of the Site or the Services, or otherwise attempt to interfere with the proper working of the Site or the Services; (m) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Site or the Services; or (o) use the Site or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
Intellectual Property Rights
Ownership of all intellectual property and other rights in the Services and our website, including, but not limited to, the software, design, layout, content, links, and the like, as well as property listings, photos, video, images, text, and other content shall remain with us and our licensors, developers, and partners, as applicable. Google Maps images are owned by Google, Inc., and used with permission. All content is protected by copyright and is owned by us or used with permission. We reserve all rights not specifically granted in these Terms.
FIRSTKEY HOMES, the graphic logo, as well as all other trademarks we use are trademarks or registered trademarks of FKH or of our licensors. Other than as specifically provided herein, you may not use our trademarks in any other way, including, but not limited to, that our trademarks may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the content for our website may be retransmitted without our express written consent. Any use of our trademarks by you, whether or not permitted, inures to our benefit.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the "Services Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark laws, information, and restrictions contained in any Services Content that you access through the Services, and you agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Services Content not owned by you, (i) without our prior written consent or (ii) in a way that violates our or any third party's rights.
Our Security Measures
We take data security and privacy very seriously. We take reasonable precautions to protect the security of your
information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access,
maintain data security, and correctly use your information. However, neither people nor security systems are
foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or fail
to follow policies. Therefore, while we use reasonable efforts to protect your information, we cannot guarantee its
security. You are responsible for the security of your personal information. You should avoid transmitting personal
or sensitive information, such as social security numbers, bank or credit card information.
Required Disclosure of Personal Information
You understand and agree that we may disclose your Personal Information to if required to do so by law, court
order, legal process, or subpoena, including to respond to any government or regulatory request, or if we believe
that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or
partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce
our Terms (including for billing and collection purposes), take precautions against liability, to investigate and
defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to
protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or the safety of
us, our users or others.
You agree to indemnify, defend and hold us and our officers, directors, employees, shareholders, successors,
agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral
partners, service providers, licensors, licensees, consultants and contractors (collectively the "FKH Indemnified
Parties") harmless from and against any claims, liabilities, losses, costs, fines, penalties, assessments,
damages or expenses including reasonable attorneys' fees and costs (collectively, "Losses"), directly or
indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or
material contributed to or submitted through the Site or the Services, including without limitation information
associated with account; (c) your conduct, including your use of the Site and the Services; (d) your connection to
the Site; (e) any violation or breach of these Terms; (f) any violation or infringement of any intellectual
property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of
the Site or Services; or (g) your use of any electronic signature functionality (collectively, all of the foregoing
referred to as "Claims"). You are solely responsible for defending any such Claims, and for payment of
Losses, resulting from the foregoing to both a third party and to the FKH Indemnified Parties. We shall have the
right, in its sole discretion, to select its own legal counsel to defend us from any Claims (but by doing so shall
not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of our reasonable
attorneys' fees and costs incurred in connection therewith. You shall notify us immediately if you become aware of
any actual or potential claims, suits, actions, allegations or charges that could affect your or our ability to
fully perform their respective duties or to exercise its rights under these Terms. You shall not, without our prior
written approval, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having
been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any
obligation or liability for us.
Please fully and carefully read these SMS Terms and Conditions. These SMS Terms and Conditions contain an
arbitration agreement and a class action waiver.
By entering or permitting others to enter your mobile phone number(s) in any FirstKey Homes, LLC. ("FKH") service,
technology or platform that includes automated messaging functionality (collectively, "SMS Service"),
1.You acknowledge and represent to FKH that you are the current wireless service plan subscriber
and/or an authorized user of the mobile phone number(s) that you link to (sign up to receive) the text alert/
automated messages service, or you have been granted permission by the wireless service plan subscriber and/or
authorized user of the mobile phone number(s) to enroll the mobile phone number(s) in the service;
2.You grant FKH and its affiliates express permission to send automated text messages, automated
dialing messages and prerecorded voice messages (collectively, "Text Messages") to the enrolled mobile phone
number(s) through your wireless phone carrier for marketing and non-marketing purposes unless and until such
permission is revoked by you in writing in accordance with these SMS Terms and Conditions; and
3.By granting such permission to FKH, you are hereby requesting to receive Text Messages in
spite of the fact that your mobile phone number(s) may otherwise be on the federal, or a state's, Do Not Call List
and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request
for or related to the SMS Service program you enroll in;
4.By signing this agreement, you authorize FKH to deliver or cause to be delivered a telephonic
sales call to you using an automated system for the selection or dialing of telephone numbers or the playing of a
recorded message when a connection is completed to a number called; and
5.You are not required to directly or indirectly sign this agreement or to agree to enter into
this agreement as a condition of purchasing any property, goods, or services.
You are not required to agree to receipt of Text Messages in order to purchase any product or service from FKH.
Depending on the SMS Service program you enroll in, you may receive marketing messages. FKH is committed to building
user trust and confidence by promoting and complying with the use of business practices that help protect the
privacy and the security of the customer and their data.
SMS Program Description
SMS Service allows mobile subscribers to opt-in to receive notification/information/alerts through Text Messages
straight to the subscriber's phone: (i) regarding your use of the SMS Service and/or (ii) about FKH’s products and
There are no premium charges for joining SMS Service for receiving notification/information messages about FKH’s
products and services, provided, however, standard message and data rates may apply.
SMS Message Frequency
If you opt-in to receive notification/information from FKH, you may receive recurring messages.
To opt-out of receiving automated messages from the SMS Service or Reply "STOP", send an email to [email protected] with your opt-out
For support or information about our SMS Service, send an email to [email protected] with your request or question.
SMS Your Account
If you use the SMS Service, you are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer. You agree to accept responsibility for all activities that occur under
your account or password. FKH reserves the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion.
SMS Copyrights and Trademarks
SMS Service, and all content available through SMS Service, is protected by copyright and other intellectual
property rights. No portion of the SMS Service may be copied, republished, transmitted, displayed or distributed in
any way without FKH’s prior written consent. Any such use of the SMS Service's content for any purpose not
authorized by FKH in writing is a violation of the copyrights of FKH. You agree to use the SMS Service only as
authorized by FKH.
All trademarks, service marks, logos and trade names on the SMS Service, whether registered or unregistered, are
proprietary to FKH. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or
trade names without the prior written consent of FKH.
SMS No Warranties
FKH makes no representations or warranties whatsoever regarding Text Messages or the SMS Service. FKH hereby
disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a
SMS Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT FKH AND ITS AFFILIATES SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES UNDER THESE
SMS TERMS AND CONDITIONS OR IN ANY WAY RELATED TO THE SMS SERVICE OR TEXT MESSAGES, EVEN IF FKH HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE WIRELESS PHONE CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED
MESSAGES. FURTHERMORE, FKH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING, BUT NOT
LIMITED TO, ACTS OR OMISSIONS BY WIRELESS PHONE CARRIERS OR ACTS OR OMISSIONS THAT CAUSE DELAYS IN THE TRANSMISSION
OF TEXT MESSAGES.
TTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FKH
AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AFFILIATES, SUCCESSORS AND
ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS, EXPENSES
(INCLUDING REASONABLE ATTORNEYS' FEES), JUDGMENTS OR PENALTIES OF ANY KIND OR NATURE WHATSOEVER ARISING FROM OR
RELATING TO YOUR USE OF THE SMS SERVICE OR RECEIPT TEXT MESSAGES IN CONNECTION WITH SMS SERVICE, INCLUDING, BUT NOT
LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT.
SMS Arbitration and Class Action Waiver
IN THE EVENT YOU AND FKH (OR ANY AFFILIATE OF FKH) HAVE ANY DISPUTE RELATING TO YOUR USE OF ANY SMS SERVICE, YOUR
RECEIPT OF TEXT MESSAGES OR THESE SMS TERMS AND CONDITIONS ("DISPUTE"), YOU AND FKH AGREE TO BINDING INDIVIDUAL
ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER THE FEDERAL ARBITRATION ACT ("FAA"), AND NOT
TO SUE IN COURT IN FRONT OF A JUDGE OR JURY. INSTEAD, A NEUTRAL ARBITRATOR WILL DECIDE AND THE ARBITRATOR'S DECISION
WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FAA. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS,
PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN'T
ALLOWED; AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY SUCH LAWSUITS, ARBITRATIONS, ACTIONS AND PROCEEDINGS
IN CONNECTION WITH ANY DISPUTE.
1.MAIL A NOTICE OF DISPUTE FIRST.IF YOU HAVE A DISPUTE, YOU MUST SEND A NOTICE OF DISPUTE BY
U.S. MAIL TO FIRSTKEY HOMES, LLC 1850 PARKWAY PLACE SUITE 900 MARIETA GA 30067.
2.ARBITRATION PROCEDURE.THE AAA WILL CONDUCT ANY ARBITRATION UNDER ITS COMMERCIAL ARBITRATION
RULES (OR IF THE VALUE OF THE DISPUTE IS $75,000 OR LESS, ITS CONSUMER ARBITRATION RULES). IN A DISPUTE INVOLVING
$25,000 USD OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON
HEARING INSTEAD. ANY IN-PERSON HEARING WILL TAKE PLACE IN LOS ANGELES, CA. THE ARBITRATOR MAY AWARD THE SAME
DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD, SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE SMS
TERMS AND CONDITIONS. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY TO YOU INDIVIDUALLY TO
SATISFY YOUR INDIVIDUAL CLAIM, SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE SMS TERMS AND
CONDITIONS AND SUBJECT TO SUBSECTION 8 BELOW.
3.MUST FILE WITHIN ONE YEAR.YOU AND FKH MUST FILE IN ARBITRATION ANY DISPUTE (EXCEPT
INTELLECTUAL PROPERTY DISPUTES) WITHIN ONE YEAR FROM WHEN IT FIRST COULD BE FILED. OTHERWISE, IT'S PERMANENTLY
4.REJECTING FUTURE ARBITRATION CHANGES.YOU MAY REJECT ANY CHANGE FKH MAKES TO THIS ARBITRATION
AGREEMENT (OTHER THAN ADDRESS CHANGES) BY SENDING US NOTICE WITHIN 30 DAYS OF THE CHANGE BY U.S. MAIL TO THE
ADDRESS LISTED IN SECTION (B) ABOVE. IF YOU DO, THE MOST RECENT VERSION OF THIS ARBITRATION AGREEMENT BEFORE THE
CHANGE YOU REJECTED WILL APPLY.
5.IF THE CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF
A DISPUTE, THOSE PARTS WON'T BE ARBITRATED BUT WILL PROCEED IN COURT, WITH THE REST PROCEEDING IN ARBITRATION. IF
ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE
SEVERED BUT THE REST OF THIS ARBITRATION AGREEMENT STILL APPLIES.
6.CONFLICT WITH AAA RULES.THIS AGREEMENT GOVERNS IF IT CONFLICTS WITH THE AAA'S COMMERCIAL
ARBITRATION RULES OR CONSUMER ARBITRATION RULES.
7.FKH AFFILIATES ARE THIRD-PARTY BENEFICIARIES. FKH AND OTHER AFFILIATES OF FKH ARE NOT PARTIES
TO THIS ARBITRATION AGREEMENT BUT ARE INTENDED THIRD-PARTY BENEFICIARIES OF YOUR AGREEMENT WITH US TO RESOLVE
DISPUTES THROUGH ARBITRATION.
8.Nothing in these SMS Terms and Conditions will be interpreted to waive your right to seek
public injunctive relief under California's consumer protection statutes.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or
condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and
SMS Applicable Law
These SMS Terms and Conditions are to be governed by and construed in accordance with the law of the State of
Georgia, without reference to its conflicts of law rules.
FKH reserves the right to change these SMS Terms and Conditions or cancel the SMS Service at any time, subject to
your ability to reject changes to the Class Action Waiver and Binding Arbitration Section as expressly set forth
therein. Your continued use of the SMS Service or acceptance of Text Messages from FKH after changes are made to
these SMS Terms and Conditions will be deemed acceptance of these SMS Terms and Conditions as modified by the posted
changes. Therefore, please check these SMS Terms and Conditions on a regular basis.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE:
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS AND
INFORMATION INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE. FKH AND ITS LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS (OTHER THAN AS SPECIFICALLY STATED IN THESE TERMS), IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
FKH AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY,
COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE,
INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS
THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE,
WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE
OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES
THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL, INFORMATION, OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM YOUR USE OF THE SITE OR
SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE
LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE
SITE OR THE SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE
ANY ACTION YOU TAKE BASED ON THE INFORMATION RECEIVED IN THROUGH OR FROM THE SERVICES;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR,
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SERVICES OR (B) ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER
SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN OPERATION OR
TRANSMISSION. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED
TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF
LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR." IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE
§1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, OR ANY RELATED SERVICES. THE
OPERATION OF SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.
You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of
risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are
dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to
discontinue use of the Site and Services.
In the event of any dispute, claim, question or disagreement arising from or relating to these Terms, or the
relationship that results from these Terms, other than claims for injunctive or other equitable relief (a
"Dispute"), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall
consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just
and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of
thirty (30) days, then the Dispute shall be resolved by binding arbitration in Atlanta, Georgia, in accordance with
the Commercial Arbitration Rules of the American Arbitration Association (the "AAA"), subject to the
limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law
of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party
hereto and with the AAA. The demand for arbitration shall be made within the time provided herein, and in no event
shall any such demand be made after the date when institution of legal or equitable proceedings based on such
Dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall
arbitrate the Dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so
agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the
selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business
arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment
may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation,
modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the
terms of which sections the parties agree shall apply. The expenses of arbitration, including reasonable attorneys'
fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.
Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may have to a trial by jury
for any legal action arising out of or relating to these terms or the transactions contemplated hereby.
We do not assume responsibility to you or others for any failure by us to enforce the provisions contained in the
You agree that we, in our sole discretion and with or without notice, may terminate your use of the Site or any
part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or
if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We may also in
its sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the
Services 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 we may immediately bar any further
access to the Site. Further, you agree that we shall not be liable to you or any third party for any termination of
your access to the Site or the Services.
You hereby represent and warrant to us that: (a) you have all the requisite power and authority, corporate or
otherwise, to enter into the binding contract created by these Terms, conduct yourself and your business and to
execute, deliver, and perform all of your obligations under these Terms; (b) you have the right to submit and use
your Personal Information in the manner you have done so to or through the Site and/or through your account; (c) you
have the right to grant the licenses granted under these Terms; (d) your performance under these Terms and/or the
rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or
provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become
bound in the future; and (e) your performance under these Terms will comply with all applicable laws, rules and
regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.
Fair Housing/Equal Housing Opportunity
FKH is an Equal Housing Opportunity company, which means we (as well as all of our affiliated entities and
employees) comply 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: Race/Color,
National origin, Religion, Sex, Familial Status, Handicap (or disability). We also operate in states and local
jurisdictions which have additional fair housing laws and added protected classes. We are also responsible for
complying with those laws and regulations. As such, all rental properties identified in this Site are subject to the
federal Fair Housing Act and its state law counterparts. We 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 U.S. Department of Housing and Urban Development ("HUD").
.We respect the rights of intellectual property holders. If you believe that any content that is
posted on our website violates these Terms or your intellectual property rights, you can report such violation to
us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512; "DMCA"). In the case of an alleged
infringement, please provide the following information:
.A description of the copyrighted work or other intellectual property that you claim has been
.A description of where the material that you claim is infringing is located on the website
(including the exact URL);
.An address, a telephone number, and an e-mail address where we can contact you;
.A statement that you have a good faith belief that the use is not authorized by the copyright
or other intellectual property rights owner, by its agent, or by law;
.A statement by you under penalty of perjury that the information in your notice is accurate and
that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and,
.Your electronic or physical signature, or that of the person authorized to act on behalf of the
owner of the copyright or other right being infringed.
.We may request additional information before we remove allegedly infringing material. You may
report a copyright violation by providing the above information to our designated agent at: Title: Legal Counsel;
Address: 1850 Parkway Place, Suite 900, Marietta, Georgia 30067; Phone: 770.726.0204, or email: [email protected].
For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the
relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in
accordance with the laws of the State of Georgia. You and we hereby irrevocably and unconditionally submit to the
jurisdiction of courts located in the Cobb County, Georgia or the court of competent jurisdiction closest thereto if
no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such
courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or
tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may
now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a
legal proceeding commenced in such court has been brought in an inconvenient forum.
You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, "assign"
or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld
by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We
may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure
to the benefit of each party's permitted successors and assigns. We reserve the right to disclose, transfer, and/or
assign your Personal Information in connection with a merger, consolidation, restructuring, financing, sale, or
other entity structure change. In addition, when a potential buyer is interested in purchasing one of its
properties, we may provide the potential buyer with information about the property and the residents who live there,
which may include your Personal Information. Upon the sale of the property in which you live, all of your Personal
Information may be transferred to the purchaser.
The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such
right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a
waiver of any subsequent breach or default or a waiver of the provision itself.
If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in
such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full
force and effect.
These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of
your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between
you and us regarding this subject matter, and shall supersede any and all prior or contemporaneous representations
or understandings relating to this subject matter.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to the Terms or use of the Site must be filed within one year after such claim or cause of action arose or
be forever barred.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis.
Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either
party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert
consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between
the parties. No arbitration or proceeding will be combined with another without the prior written consent of all
parties to all affected arbitrations or proceedings.