Website Terms and Conditions

This website, and the information, content, and services it makes available (which, collectively, are referred to as the “Website”), is provided to you by Aspen Square Management, Inc. (“Aspen”). These Website Terms and Conditions (these “Terms and Conditions”) set forth the terms governing your use of the Website. In these Terms and Conditions, the words “I,” “you” and “your” refer to each individual using the Website; “we,” “us” and “our” refer to Aspen, Nepsa Property Investors, Inc., Nepsa Manager LLC, Nepsa Admin Services LLC, Nepsa Operating Group, Inc., and Johnson Real Estate Investors LLC, and any of our affiliates, agents, independent contractors, designees, service providers or assignees (collectively, the “Company”).

1. Acceptance of Terms and Conditions. Please read these Terms and Conditions carefully before you access, use or submit an application or information through the Website. By accessing or visiting the Website, submitting an application or information, or by clicking to accept or agree to these Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Policy, found here, and the Disclosure and Agreement for Electronic Transactions and Disclosures, found here, all of which are incorporated herein by reference (collectively, the “Agreements”). If you do not want to agree to the Agreements, you must not access or use the Website or submit an application or information through the Website.

2. Changes to the Terms and Conditions. We may revise and update these Terms and Conditions and the Agreements from time to time in our sole discretion. All changes are effective immediately upon posting, and apply to all access to and use of the Website, all applications submitted through the Website, and if any, any of your accounts.

3. Screening Terms.

   1. Representation and Warranty. The Website may provide you with the option to submit an application online, including, but not limited to, an application related to a rental lease and/or guaranty, or an application for employment with the Company (each, an “Application”). You represent and warrant that, to the best of your knowledge, all the information provided in any Application or provided by you in connection with any Application (the Application and such information is collectively referred to herein as “Application Information”) is true, accurate, complete and correct as of the date of the application. You agree to notify the Company if any of the Application Information changes during the application process. You also understand that the Company is relying upon your Application Information in evaluating whether to approve your Application. You understand that false answers, statements or information provided by you or any omissions in your Application Information and/or during the application process shall be considered sufficient basis for disapproval of your application or the immediate termination of any existing agreement, including those related to tenancy, rental lease, guaranty and/or employment.

   2. No Promise of Tenancy or Other Rights. You understand that your Application(s) and fee(s)/deposit(s) (if any) are taken subject to our review and approval of your Application Information and nothing herein shall represent a promise to approve your Application(s), nor shall anything herein convey any rights to you.

   3. Additional Information and Documentation. In addition to your Application, there may be instances where you may be asked to provide additional documentation to substantiate your Application Information. You agree to provide this information in order for the Company to process your Application.

   4. Background Check Authorization. You authorize the Company to investigate and obtain references and information on your credit, rental history, eviction history, criminal history, employment history, motor vehicle records, and income, now and in the future, for the purpose of evaluating your Application(s). You understand that the Company may use a third-party vendor, including one or more consumer reporting agencies, to obtain this information. You hereby authorize all persons and entities, including prior or present employers and landlords, to release information concerning you to the Company.

   5. Release of Liability. You hereby waive, release and hold harmless the Company, and all personnel and entities controlling, controlled by, or under common control with it, together with its and their respective affiliates, owners, shareholders, general partners, limited partners, managers, members, officers, directors, shareholders, employees, representatives and agents, and their respective successor and assigns (collectively, the “Company Parties”), all licensors and service providers, all persons and entities procuring and supplying information to the Company Parties, from any and all liability, claims, judgments, awards, damages or losses of any kind, legal proceeds and costs, including reasonable attorneys’ fees and costs, and other costs, fees and expenses arising out of the verification and/or use of your Application Information, including the release of such information to other parties, as described in our Privacy Policy.

4. Communication Agreement. You acknowledge that the Company uses an electronic communication system to send you messages quickly and efficiently. Periodically, you will receive notifications from the Company via email, phone call/voicemail or text. As a condition of the Company’s consideration of your Application(s), and, if any, your tenancy, rental lease, guaranty and/or employment you authorize and agree that the Company may send you voice, text, email or other mobile service commercial messages to any email address or any phone number you provide, now or in the future, including a number for a cellular or mobile phone or other wireless device, regardless of whether you incur charges as a result. This authorization and consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. If any of your information changes over time, you agree to immediately contact, in writing, the management or leasing office and provide updated information so that the Company always has your most current contact information. You understand that you may be charged by your mobile/wireless carrier for receipt of these messages.

5. Electronic Signatures.

   1. The Website may provide you the option to electronically enter into agreements with us, such as agreements related to your proposed or actual rental of an apartment, including, but not limited to, these Agreements, an application to lease or serve as a guarantor for an apartment, certain consents related thereto, a lease agreement for an apartment for which you have been approved to rent or serve as a guarantor, a renewal of an existing lease agreement, and/or payments related to your Application for or lease of an apartment. The Website may also permit you to apply for employment with us. Your use of this Website to submit Applications and enter into such transactions with us is entirely voluntary. However, if you submit any Application, or enter into any such transaction, via this Website, you consent to doing so by electronic form, and to providing an electronic signature (which is any electronic action acknowledging agreement) in the form specified on this Website, rather than a handwritten signature. In addition, you understand and acknowledge that all consents, applications and transactions that you enter into via this Website will be legally binding on you just as if they were done on paper, and that your electronic acceptance in the form specified on this Website will be binding as though you had physically signed a paper document by hand.

6. Website Access and Security.

   1. The Website is offered as a convenience. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

   2. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

   3. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portion of it using your username, password or other security information. You agree to immediately notify us, in writing, of any unauthorized access to or use of your username or password or any other breach of security. We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

   4. The Website is not designed to solicit individuals under the age of 13. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we do not knowingly collect information from children under the age of 13. If you are a parent or guardian and believe the Company may have inadvertently collected personal information from your child under age 13, please notify the Company immediately by sending an email to info@aspensquare.com including the specific details to which your request pertains.

7. Intellectual Property Rights.

   1. The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not: (i) reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose or otherwise, any portion of the Website or its content other than as expressly authorized by the Company in writing; or (ii) remove, obscure, or modify any acknowledgments, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website or its content.

   2. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

8. Trademarks. The Company name, the Company logo, and all related product and service names, images, logos, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, images, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

9. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website in any way that violates any applicable federal, state, or local law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). Additionally, you agree not to:

   1. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.

   2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

   3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

   4. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

   5. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

   6. Use any device, software or routine that interferes with the proper working of the Website or otherwise attempt to interfere with the proper working of the Website.

10. Use of Third Party Services. As a part of our service, the Company may offer links to websites operated by various third parties. You agree that the Company is not responsible or liable for any acts or omissions created or performed by these third parties. The Company does not operate or control in any way any information, software, products or services available on such third-party websites. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

11. Termination. The Company reserve the right, in its sole discretion and without prior notice, to terminate your access to the Website for any reason, including a breach of these Terms and Conditions or the law.

12. Limitation of Liability. THIS WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES OF THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN INFORMATION ON THE WEBSITE, OR FOR ANY DAMAGES, LOSSES, OR EXPENSES THAT MAY OCCUR WHILE ACCESSING THE WEBSITE, OR ANY LINKED SITE, OR THE INABILITY TO ACCESS THESE SITES; OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES ARISING OUT OF THE BREACH OF THE RENTAL GUIDELINES, TERMS AND CONDITIONS, PRIVACY POLICY, OR DISCLOSURE AND AGREEMENT FOR ELECTRONIC TRANSACTIONS AND COMMUNICATIONS, OR ANY OTHER AGREEMENT, HOWEVER OCCASIONED.

13. Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective owners, shareholders, officers, directors, general partners, limited partners, managers, members, employees, representatives, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions or your use of the Website; including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.

14. Governing Law. All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of your intended tenancy, guaranty or employment without giving effect to any choice or conflict of law provision or rule (whether of the state of your intended tenancy, guaranty or employment or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in a court of competent jurisdiction located in the Commonwealth of Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Miscellaneous.

    1. Except as otherwise provided for herein, the Agreements constitute the entire agreement between the Company and you pertaining to your use of the Website and any information contained herein and supersedes any and all prior written or oral communications and/or agreements previously existing between us.

    2. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. The Company’s failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive its right to act with respect to subsequent or similar failures.

    3. You may not assign or transfer these Terms and Conditions or your rights or obligations under these Terms and Conditions without the prior written consent of the Company, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms and Conditions.