Progress Residential® is pleased to welcome you to www.rentprogress.com (the "Site"). By using this Site you accept and agree to be bound by these Terms of Service. This is important—these Terms of Service are a legal contract between you and Progress Residential® for the use of locating a home for you to rent and for related payment and rental services (collectively, the "Services"). You are only allowed to use the Services if you can enter into a binding contract with Progress Residential®. By using the Services, or by installing, copying, or otherwise using the Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use this Site or the Services and exit now.
ACCESS AND USE OF THE SITE
Access to and use of this Site and its contents are permitted only for the Services. Any other access to or use of this Site or its contents is unauthorized. Progress Residential® reserves the right to deactivate or suspend use of this Site and the Services by anyone for any reason or no reason at all. Information and materials posted to this Site are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions.
You agree not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You agree not to use the Services in any way that is unlawful, or harms Progress Residential®, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation another person or entity. Except as expressly stated herein, these Terms of Service do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any data or content available through the Services. Manual and automated queries, software, devices or other processes (including screen and database scraping, spiders, robots, crawlers, intelligence agents or any other means to extract pricing, product, service or other data from the Services) are strictly prohibited on the Services, unless you have received express written permission from Progress Residential®.
The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (the “EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Progress Residential® grants to you a non-exclusive, revocable, personal, non-transferable license to use software solely in connection with the Services and in accordance with these Terms of Service.
SERVICES POWERED BY THIRD PARTIES
The Services and any software used in connection with providing the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The content contained on this Site, such as copyrights, trademarks, trade dress, trade names, logos, design, text, data compilations, search results, graphics, images, pictures, audio or video media files and other files and service marks (collectively, the "Intellectual Property"), are proprietary property of Progress Residential® or its licensors and are protected by U.S. and international intellectual property laws. As such, Progress Residential® Intellectual Property cannot be copied, imitated, or used, in whole or in part, without its prior written permission. The information and Intellectual Property, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use in creating other works, whether or not copyrightable, or to sell or promote other products. Violation of these Terms of Service may result in infringement of intellectual property and contractual rights of Progress or third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
NO WARRANTIES, LIMITATION OF LIABILITY
The Services and this Site are approved "as is, where is" as an accommodation without warranty of any kind and without representation regarding the accuracy or currency of any information on this Site. All use is at your sole risk. Progress Residential® specifically disclaims all warranties, express or implied, including without limitation, any warranty of title, merchantability, or fitness for a particular purpose. In no event shall Progress Residential®, its officers, directors, employees, agents, affiliates, advertisers, or data providers be liable for any indirect, special, incidental, consequential, or punitive damages (including, but not limited to, loss of data, loss of use, or loss of profits) whether in an action in contract, tort (including, but not limited to, negligence), equity, or otherwise, arising out of, or in any way connected with, the use of this Site or the Services. Your sole remedy in the event of any deficiency or error shall be to request that Progress Residential® correct the matter or, if Progress Residential® fails to do so, for you to discontinue use of the Services.
You agree to defend, indemnify, and hold Progress Residential® harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site or the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Progress Residential® arising out of or relating to the Services, your conduct, your violation of these Terms of Service, or your violation of the rights of any third party.
LIMITATION OF CLAIMS
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
You accept sole responsibility for any use of internet facilities conducted or permitted by you or your agents; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, employees, or other users or accesses.
You release Progress Residential®, its affiliates, and their respective, directors, officers, employees, and agents from all liability to any and claims and demands you may assert against any third party arising out of the Services.
FAIR HOUSING / EQUAL HOUSING OPPORTUNITY
Progress Residential® is an Equal Housing Opportunity company, which means Progress Residential® (as well as all of its affiliated entities and employees) complies with the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws. The Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, disability and familial status. Progress Residential® also operates in states and local jurisdictions, which have additional fair housing laws and added protected classes. Progress Residential® also complies with those laws and regulations. As such, all rental properties identified in this Site are subject to the Fair Housing Act and its state law counterparts. Progress Residential® 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.
Any claim or dispute arising out of or relating to these Terms of Service or the Services will be settled by binding arbitration before a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Maricopa County, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Progress Residential® or you may by motion seek any interim or preliminary relief from a court of competent jurisdiction in Maricopa County, Arizona, as necessary to protect the rights or property of the moving party.
CHOICE OF LAW
These Terms of Service are governed by the laws of the State of Arizona without regard to its conflict of law provisions.
COLLECTION OF INFORMATION
Active Information Progress Residential® may collect Personal Information from you at various places and through various mechanisms on this Site. This may include, for example, when you fill out and submit forms (such as forms requesting information needed to consider you for home rentals or potential employment opportunities), when you post to any interactive forum or bulletin board that Progress Residential® may make available on this Site, when you register for email communications, and when you submit a survey response, question or request to this Site using a form or the email address links on this Site.
Passive Information When you visit this Site, Progress Residential® may automatically collect certain information about your activities ("Site Usage Information"). Site Usage Information is information about how visitors use and navigate this Site. This includes, for example, the number and frequency of visitors to each web page, the length of their stays, the type of browser each visitor is using to view this Site, the type of operating system each visitor is using, the domain name of each visitor's internet service provider, the visitor's IP address, the address of the website that the visitor came from before visiting this Site, which pages were visited on this Site, what was clicked on, and certain other available information. An IP address is a number that is automatically assigned to your computer whenever you access the internet, which the web servers use to identify where to send the information your computer requests. When you request pages from this Site, the servers log your IP address as well as information about your activities on those pages.
To collect this Site Usage Information, this Site and any emails sent to you by this Site (or otherwise by Progress Residential®) may utilize cookies, web beacons, embedded scripts or similar technologies. "Cookies" are text files that are placed on your computer and may be used to store your personal information. In addition to cookies, Progress Residential® may use other now known or later developed technologies to assist in observing the behavior of users visiting this Site.
Children This Site is not directed to children younger than age thirteen (13). Progress Residential® does not knowingly collect Personal Information from children under the age of thirteen (13) on this Site.
USE OF PERSONAL INFORMATION
Progress Residential® will retain and use Personal Information to: (1) provide you with services or process transactions that you have requested; (2) communicate with you regarding information, features or offers that it believes will be of interest to you; (3) respond to your questions or other requests; (4) contact you with regard to this Site; (5) process any applications, payments or changes to your account information; (6) process other information or Personal Information that you submit through this Site; (7) conduct user surveys; (8) contact you regarding a sweepstakes, contest or promotion in which you have participated, and (9) fulfill other purposes disclosed at the time you provide your Personal Information. Progress Residential® may also use the information you provide to improve this Site or the Services, to customize your experience on this Site, to serve you specific content, or for other business purposes.
SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES
Affiliated or Subsidiary Companies Progress Residential® may share Personal Information with its affiliated or subsidiary companies, pledges or assigns who require access to Personal Information for business purposes related to your tenancy or to process any application, request, inquiry, or other information or Personal Information you submit via this Site.
Third Parties Providing Services Progress Residential® may share your Personal Information with third parties who perform services on its behalf or on behalf of the owner of one of its properties. This includes, without limitation, third parties that send communications, process payments, analyze data, assist with utility billing or renters insurance, provide credit checks, resident screening, or collection services, provide marketing assistance, or create, host and/or provide customer service on behalf of Progress Residential®. These third parties may have access to Personal Information in order to provide these services to Progress Residential® or on its behalf.
Legal Requirements and Law Enforcement Progress Residential® may disclose Personal Information when it believes in good faith that the law requires it; at the request of governmental authorities conducting an audit or investigation; pursuant to a court order, subpoena, or discovery request in litigation; to verify or enforce compliance with its policies or other agreements governing this Site and applicable laws; or whenever it believes disclosure is necessary to limit its legal liability or to protect or enforce the rights, interests, or safety of this Site, its users or other third parties. Progress Residential® also reserves the right to report to law enforcement agencies any activities that it, in good faith, believes to be unlawful.
Entity Structure Change Progress Residential® reserves the right to disclose and transfer 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, Progress Residential® 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.
UPDATING YOUR INFORMATION
Depending on the functionality associated with the Site feature you are using, you may be able to update certain details of your Personal Information on this Site.
Please note that in accordance with routine corporate recordkeeping practices, Progress Residential® may delete certain records that contain your Personal Information. Progress Residential® is under no obligation to store such information indefinitely and disclaims any liability arising out of, or related to, the destruction of such information.
SECURITY OF PERSONAL INFORMATION
While Progress Residential® takes reasonable precautions to encrypt and secure your Personal Information, no data transmission over the internet can be guaranteed to be completely secure. Likewise, no storage or processing of your Personal Information on this Site or on other servers or databases to which the information may be transferred can be guaranteed to be completely secure.
THIRD PARTY CONTENT
When you are on this Site, certain content may be served by a third party. These third parties may also drop their own cookies and/or use web beacons or embedded scripts, which may be used to identify some of your preferences or to recognize you if you have previously had contact with those third parties. Progress Residential® does not control the use of such technology by third parties, the information they collect, or how they use such information.
LINKS TO OTHER WEBSITES
This Site may contain links to other websites whose information practices may be different from those of Progress Residential®. You should consult the specific terms of service and privacy policies posted on those sites when linking to them. Progress Residential® does not endorse, and takes no responsibility for such products, services, Web sites and materials.
CONSENT TO TRANSFER
This Site is operated in the United States. Your Personal Information will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, Canada or elsewhere outside of the United States please be aware that any information you provide to us will be transferred to the United States. By using this Site or providing us with your information, you consent to this transfer.
If you have any questions about these Terms of Service or this Site, please contact us at:
If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect. The headings in these Terms of Services are used solely for the convenience of the parties and have no legal or contractual significance. Progress Residential® may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service and any effort to do so is hereby rendered null and void. A failure to act by Progress Residential® with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Service represent the entire agreement between you and Progress Residential® with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Progress Residential® with respect to the Services.
MODIFICATION OF PROGRESS RESIDENTIAL® SERVICES AND THESE TERMS
Progress Residential® is constantly changing and improving its Services. Progress Residential® may add or remove functionalities or features, and may suspend or stop a Service altogether in its sole discretion. Progress Residential® may also change or modify these Terms of Service, or any policy or guideline of this Site, at any time and in its sole discretion. Please review these Terms of Service and their version dates frequently, as changes or modification will be effective immediately upon posting of the revisions to this Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site or the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
These Terms of Service became effective on January 31, 2017. Any changes to the Terms of Service will be communicated through this Site.
This document was last updated on January 31, 2017.