TERMS OF USE AND PRIVACY POLICY

This York Properties, Inc., Terms of Use (the “Terms of Use”) is a legal agreement between you and York Properties, Inc., a Michigan corporation (collectively, with its subsidiaries and affiliates, “York,” “we,” “us” or “our”), which provides our terms and conditions for persons or entities (“you” or “your”) who access our site or our related downloadable mobile applications that we may make available from time to time (collectively, the “Site”).

We ask that you read the following TERMS OF USE, which constitute a binding agreement that covers your use of this Site and any transactions that you engage in through this Site. By viewing or using this Site, you acknowledge that you have read, understand, and agree with these terms. If you do not wish to be bound by these terms, do not use this Site.

 USE OF SITE

This Site is provided solely for the use of current and future tenants and/or employees of York to: (a) provide you with information about our company and properties, (b) to permit you to submit lease application information, (c) to allow current tenants to request maintenance and make rent payments, (d) to permit you to apply for employment, and (e) to enable you to contact us with any questions or comments that you may have. Any other use of this Site is prohibited.

USER AGE AND ACCESS

Nothing on this Site is intended to specifically solicit information from minors, people under the age of eighteen (18), or seek to determine if the visitor is a minor. If you are under eighteen (18) years of age you are not permitted to submit to us any personally identifiable information, including, but not limited to your name, address, e-mail address, telephone number.

REGISTRATION

Some services available on the Site may require you to input solely an email address in order to receive the benefits of those services. Certain services available on the Site may allow you to distribute materials and information downloaded from the Site to third parties. You represent that you have the authority to provide the information of those third parties, and that those third parties have agreed to receive such materials and information from us.

PRIVACY POLICY AND USER INFORMATION

In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. Our use of any information you provide via the Site shall be governed by this Privacy Policy.

SPECIFIC PROHIBITED USES

The Site may be used only for lawful purposes by individuals using authorized services. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. We specifically prohibit any use of the Site, and require all users to agree not to use the Site, for any of the following:

1. Posting any information which is incomplete, false, inaccurate or not your own;
2. Impersonating another person;
3. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
4. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
5. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
6. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
7. Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws;
8. Attempting to interfere in any way with the Site’s or our networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

SECURITY

When using the Site, you agree to abide by the following security rules. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

1. Accessing data not intended for such user or logging into a server or account which you are not authorized to access;
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account. York will not be responsible for any losses arising out of the unauthorized use of your account.

INTELLECTUAL PROPERTY RIGHTS

All materials and content included on the Site, including but not limited to text, graphics, logos, button icons, images, product names, service names, logos, designs, titles, words or phrases, and software, are the property of York or its content suppliers and are protected by United States and international copyright, trademark or other laws and regulations. You agree to access the materials posted on these pages manually, and not automatically, and solely for your own personal use or in connection with any business relationship between yourself and us and such materials may be downloaded to your own hard disk or sent to a printer solely for that purpose. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit or distribute the materials or content of these pages without our express written permission. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of York. All rights are hereby reserved.

LICENSE

The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our Site and to use the information and services contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.

DISCLAIMER OF WARRANTY

You expressly agree that use of this Site is at your sole risk. Neither York, its affiliates, agents, nor the like, warrant that this Site will be uninterrupted, continuously available or error-free; nor do they make any warranty as to the content of or the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security, or currency of the content and materials.

York reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site, and may do so at any time, without notice. York does not guarantee the availability of any particular unit as viewed on this Site. All units may vary slightly and may not be exactly as pictured on this Site.  Floor plan dimensions are approximate. Square footage is approximate and generally calculated from exterior walls.

THIS SITE AND THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WHERE AVAILABLE” BASIS. YORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, THE INFORMATION, OR THE MATERIALS ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YORK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY SERVICES OR PRODUCTS OFFERED OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLY TO THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT OUR DIRECT INVOLVEMENT.

OTHER SITES

For your convenience, we may provide links to Sites belonging to third-party companies. Those Sites are not under our control and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party Sites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party Sites. The fact that we have provided a link to such Sites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present on those sites and visit at your own risk. Please refer to these third-party Sites for their terms and conditions and other policies.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW NEITHER YORK, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE BUT EXCLUDING GROSSLY NEGLIGENT, RECKLESS AND INTENTIONAL ACTS OF YORK, ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (Ill) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless York, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of this agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

TERM AND TERMINATION

Without limiting its other remedies, York may immediately discontinue, suspend, terminate, or block any user’s access to this Site at any time in our sole discretion.

MODIFICATIONS TO AGREEMENT

We may revise the Terms and Conditions at any time and you agree to be bound by all revisions, amendments and modifications. All changes shall become effective on the date they are first posted to this Site. It is your responsibility to return to the Terms and Conditions from time to time to ensure you are familiar with the most current version. York does not and will not assume any obligation to notify you of changes to the Terms and Conditions.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

By placing your electronic signature on any form on this Site, you agree to be bound to the terms of that form.

MISCELLANEOUS

Acceptance. If you do not accept all of the terms and conditions set forth in these Terms, you may not access or use the Site.

Assignment. You may not assign any of your rights or obligations under these Terms and without York’s express prior written consent. We may assign our rights or assign or delegate any of our obligations under these Terms without restriction. The Terms inure to the benefit of our successors, assigns and licensees.

Enforceability, Waiver and Severability. If any provision of these Terms is found illegal or unenforceable, the Terms will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure of our choice to exercise or enforce any of our rights under these Terms will act as a waiver of such rights. Each provision of these Terms shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.

Entire Agreement. These Terms, along with the Privacy Policy, constitute the entire understanding between us and you with respect your use of the Site and supersedes all previous agreements between you and us. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You acknowledge and agree that you have not relied on any statement, representation or promise of York in agreeing to these Terms and Conditions and the Privacy Policy.

Export and International Use; Consent to Processing. The Site is controlled and offered by York from its facilities in the United States of America. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

Good Faith. You agree to act in good faith with respect to each provision of these Terms and Conditions and any dispute that may arise related hereto or thereto.

Governing Law, Jurisdiction and Venue, Limitation on Actions. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Oakland County of the State of Michigan for any claim or action arising out of or relating to these Terms and Conditions or Your use of the Site. You agree that: the Site shall be deemed to be solely based in the State of Michigan; the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Michigan; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.

Headings. The section headings and subheadings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms hereof.

Notices. Any notices to us required to be given in writing under these Terms shall be delivered either by hand, overnight delivery service or First Class United States mail and shall be pre-paid and addressed as follows: York Properties, Inc., 2550 S. Telegraph Road, Suite 200, Bloomfield Hills, Michigan 48302. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.

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  PRIVACY POLICY

  This privacy policy (the “Privacy Policy”) of York Properties, Inc., a Michigan corporation (collectively, with its subsidiaries and affiliates, “York,” “we,” “us” or “our”) describes our privacy practices regarding information we collect from persons or entities (“you” or “your”) who access our website or our related downloadable mobile applications that we may make available from time to time (collectively, the “Site”).

  Your privacy is very important to us. Federal law requires us to tell you how we collect, use, and share and protect your personal information. Please read this Privacy Policy carefully and contact us with any questions you may have.

  INFORMATION COLLECTED.

  Based upon your use of the Site, we may automatically collect certain information, such as your usage data, preferences, or other data relating to your use of the Site. This site employs Google Analytics or a similar third-party program to analyze your usage of the Site and to provide us with insights into our website traffic and marketing effectiveness. These programs utilize cookies to accomplish these tasks. These cookies may stay on your browser into the future until they expire or you delete them. Some cookies used to allow the Site to function easily are erased when you close your browser window. In particular, we may collect the following types of information:

1. Your browser type, language, plug-ins, Internet domain and operating system;
2. Your Internet Protocol (IP) address;
3. The website(s) you visited before visiting the Site and the website(s) you visited after visiting the Site;
4. Unique identifiers, including mobile device identification numbers, that may identify the physical location of such devices;
5. Data collected through cookies and other tracking technologies;
6. Your location information if you agree to share it with us; and
7. Data related to your interactions with content on the Site, such as the type of content viewed on the Site.

We do not control the use of such third-party cookies or the resulting information and we are not responsible for any actions or policies of such third parties.  We do not use technology that recognizes a “do-not-track” signal from your web browser.

PERSONAL IDENTIFYING INFORMATION.

If you decide to provide personal information through our online residency and/or employment application, you are requesting that we obtain your credit report, run a criminal background check, and, if you are applying for employment with us, to also obtain a copy of your driving record from separate third party service(s). These procedures are necessary to determine your initial eligibility to become a resident at one of our properties and/or an employee of our company. Your personal information will be used solely for this purpose and will not be disclosed to any other third parties except as described in this section, or unless we are required to do so by law (e.g., to respond to subpoenas, court orders, legal process, or to requests pursuant to a statute requiring or permitting disclosure).

We may also employ other companies and individuals to perform functions on our behalf such as processing credit card payments, providing customer service and maintaining the website. They have access to personal information needed to perform their functions, but may not use it for other purposes.

There are additional areas on this site where you may enter personal information to request assistance or services. Any personal information you provide is voluntary and will be used only by York’s management, staff and agents to address your concerns. Information that you provide to us through the contact form will be used so that we may respond to your inquiry. We may also use information you provide to us to communicate with you in the future.

DISCLOSURE OF YOUR INFORMATION.

We may disclose your information to our affiliated companies, but we will not sell, trade or rent your information to any third party except with your authorization or as described in this Privacy Policy. We may reveal information about you to unaffiliated third parties: (1) if you request or authorize it; (2) if the information is provided to help complete a transaction for you; (3) if the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others; (4) if the information is provided to our agents, outside vendors or service providers to perform functions on our behalf; or (5) as otherwise described in this Privacy Policy. We may provide data, such as aggregate data, sales, site traffic and related Site information, to third parties; however, your information will not be included in such data except in an aggregate manner where the use of such information will not identify you personally. Additionally, York may disclose anonymized forms of your email address to third party websites to enable York to provide you with the services you have agreed to receive.

TERMINATION OF USAGE.

You can choose not to receive emails from us by “unsubscribing” using the instructions in any email you receive from us. This will not stop us from sending emails about your transactions with us or in response to inquiries you send us.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites. If you block cookies performance of the Site may be impaired and certain features may not function at all.

YOUR CALIFORNIA PRIVACY RIGHTS.

We do not share your information with others for use to directly contact to you by means of the mail, telephone, or electronic mail to market their products, goods, or services to you for your personal, family, or household purposes.

SECURITY OF YOUR INFORMATION.

We use reasonable technical, administrative and physical measures to protect information contained in our system against misuse, loss or alteration. Please understand that no security system is perfect and, as such, we do not guarantee the security of the Site, or that your information will not be intercepted while being transmitted to the Site.

LINKS TO THIRD PARTY WEBSITES.

Although the Site contains links to third party websites, we are not responsible for the privacy policies and/or practices on those third-party websites. Where we have linked you to a third-party website you should read the terms and conditions and privacy policy stated on that third-party website as it governs the use of that third-party website.

CHILDREN’S PRIVACY.

The Site is directed to persons 18 years of age or older. Accordingly, you must be 18 years of age in order to access the Site. If you are under 18 years of age you may not access the Site without the consent of a parent or guardian. We do not knowingly collect, distribute or share any information from persons under 18 years of age and we are not under any obligation to verify that persons accessing the Site are, in fact, over 18 years of age. If we become aware that a child under 18 years of age has provided information to York or the Site, we will delete such information as soon as is possible under the circumstances.

AMENDMENTS.

York reserves the right to amend or update this policy as necessary and will not provide notice of such changes. You should review this policy regularly to ensure you understand its terms and how they may affect you.

QUESTIONS.

If you have any questions concerning this Policy or the Site, please contact York. Properties, Inc. at 28411 Northwestern Highway, Suite 900, Southfield, MI 48034.