Gables Residential Privacy Policy and CCPA Notices

1. Introduction

A.  Gables Residential (“Gables”, “we”, “us” or “our”) respects your privacy and are committed to protecting it through our compliance with this policy. The privacy policy contained herein, and as amended from time to time (“Privacy Policy”) describes the types of information we may collect or that you may provide when you use our gables.com website (“Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

B.  This Privacy Policy applies only to information you provide or we collect via this Website, email, text and other electronic communications set through or in connection with the Website. This Privacy Policy does not apply to information that we collect through websites, including websites you may access through our Website or you provide to or is collected by any third party. These third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

C.  Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not continue to use the Website. By continuing to use the Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time, and will be posted on our website at gables.com/privacy. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the website periodically for updates.

2. Users under the Age of 18

A.  The Website is not intended for users under 18 years of age, and we do not knowingly collect personal information from users under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us.

3. Information We Collect and How We Collect It

A. We may collect information from and about users of the Website directly from you when you provide it to us and/or automatically when you use the Website. 

B. Information You Provide to Us. 

i. When you use the Website, we may ask for you to provide information by which you may be personally identified, such as, but not limited to, name, postal address, email address, telephone number, geolocation, mobile device identification number, or any other identifier by which you may be contacted online or offline (“personal information”), or that is about you but individually does not identify you. 

ii. This information includes: (a) information that you provide by filling in forms in the Website. This includes information provided when posting material and requesting information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Website; (b) records and copies of your correspondence (including email addresses and phone numbers), if you contact us; (c) your responses to surveys that we might ask you to complete for research purposes; (d) details of transactions you carry out through the Website; and, (e) your search queries on the Website.

iii. You may provide information to be published or displayed (“Posts” or “Posted”) to other users on or through the Website (collectively, “Content”). Your Content and Posts may be transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons.

iv. In the event that we provide you with social media login capability, In order to register as a user with us, you may be asked to sign in using your Facebook or other social media site (“SMS”) login. If you do so, you authorize us to access certain SMS account information, such as your public SMS profile (consistent with your privacy settings in SMS), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your SMS friends who might be common SMS friends with other users. You will also be asked to allow us to collect your location information from your device when you use the Website. In addition, we may collect and store any personal information you provide while using the Website or in some other manner. This may include identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. You may also provide us photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you chat with other users, you provide us the content of your chats, and if you contact us with a customer service or other inquiry, you provide us with the content of that communication.

C. Automatic Information Collection and Tracking. 

i. When you access the Website, technology may be used to automatically collect certain information, including, but not limited to:

  • Usage Details. When you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Website. 

  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.  Web servers, the main computers that serve up web pages, automatically identify your computer by its IP address. As permitted under applicable law, Gables collects IP addresses for the purposes of system administration, gathering and analyzing aggregated information, creating a better experience for users and auditing the use of our site. We do not normally link IP addresses to anything personally identifiable, which means that your session will be logged, but you remain anonymous to us. We will seek to link your IP address when we feel it is necessary to protect this site and other users from harm and to prevent criminal misconduct. 

  • Stored Information and Files. The Website also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

  • Location Information. The Website may collect real-time information about the location of your device.

ii. We also may use technologies to collect information about your usage of the Website over time. If you do not want us to collect this information either cancel your account or do not access the Website.

D. Information Collection and Tracking Technologies.

i. The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone, tablet, or other computing device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your device or you can opt out of Cookie usage at time of Website access.  If however you select this setting you may be unable to access certain parts of the Website. 

  • Web Beacons. Pages of the Website or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

4. Third-Party Information Collection

A. Aggregated and/or non-personal information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Website and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. To opt-out of cookies that may be set by third party data or advertising partners, please go to www.aboutads.info/choices/. 

B. When you use the Website or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, etc.

C. These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

D. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

5. How We Use Your Information

A. We use information collected about you or that you provide to us, including any personal information, to:

  • Provide you with the Website and its contents, and any other information, products or services that you request from us.

  • Fulfill any other purpose for which you provide it.

  • Give you notices about your account or subscription, including expiration and renewal notices.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

B. The usage information we collect helps to learn more about our visitors and residents to improve the Website and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize the Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the Website.

C. We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

6. Disclosure of Your Information

A. We may disclose aggregated information about our users without restriction. In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, content providers, and other third parties we use to support our business.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about the Website users is among the assets transferred.

  • To third parties to market their products or services to you.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  • To comply with any court order, law or legal process, including responding to any government or regulatory request.

  • Gables reserves the right to disclose information if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7. Accessing and Correcting Your Personal Information

A.  You can review and seek to change your personal information by sending us an email as noted below in section 14. Contact Information, (e.g., to request access to, correct, or delete your personal information). We may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your Content or posts from the Website, copies may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. As we develop our business, we might buy or sell businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the disclosed and/or transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such disclosure and/or transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

8. Social Media Plug-ins

A.  When applicable we integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Tumblr, Pinterest and possibly others, into our Website. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Privacy Policy.

9. Your California Privacy Rights

A.  California Civil Code Section 1798.83 permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as noted below in section 14. Contact Information.

B.   We do not Sell Consumers’ personal information as those terms are defined under the California Consumer Privacy Act (“CCPA”). However, personal information as described throughout this Privacy Policy and CCPA Notices is collected and disclosed for business purposes, including over the last twelve months, and as a result Consumers are entitled to:

  • make verifiable “requests to know” which of their personal information, categorically or specifically, is collected and with whom the information is shared by us, for what business purpose, and the sources of the respective information;

  • make verifiable “requests to delete” their personal information as collected by us;

  • use authorized agents to exercise their rights under the CCPA;

  • request these CCPA Notices in an alternative format by calling us at 1-888-965-0330; and,

  • exercise their rights under the CCPA free of discrimination by us including, but not limited to: denying goods or services to the Consumer; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services to the Consumer; suggesting that the Consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

Consumers may make CCPA requests by contacting us at 1-888-965-0330 or by completing this webform: https://www.gables.com/ccpa-privacy-request. Before we can honor any such requests, we must confirm that the requesting party is the Consumer whose information is sought or a person authorized to act on that Consumer’s behalf. If a requesting party is an online account holder with a password-protected account, it may be necessary for the account to be accessed by the requesting party to confirm the request(s). In addition, depending on the type of request and the categories of information subject to the request, we will request verifying information from the requesting party such as identifiers or commercial information (e.g., service history) already known to or collected by us. Receipt of the request(s) will be confirmed within 10 days and initial responses can be expected within 45 days.

10. Data Security

A.  The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. You should not share your password with anyone. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Website. Any transmission of personal information is at your own risk.

11. DMCA Notification

A. We respect the rights of intellectual property holders. If you believe that any content on the Website violates this Privacy Policy 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). In the case of an alleged infringement, please provide the following information:

i. A description of the copyrighted work or other intellectual property that you claim has been infringed; 

ii. A description of where the material that you claim is infringing is located on the Website (including the exact URL); 

iii. An address, a telephone number, and an e-mail address where we can contact you; 

iv. 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; 

v. 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,

vi. 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.

B. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to Gables Residential, Attn: Legal and Compliance; Email: Privacyrequest@gables.com

C. We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Website more than twice.

12. Privacy Concerns

A.  If you have any concern or complaint about privacy on the Website please contact us as outlined below in section 14. Contact Information. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.

13. Email Consent and OPT-OUT

A.  Your provision of Personal Information on a registration form in the course of our providing a product or service to you constitutes your affirmative consent that we may contact you by email to provide you with information and notices relating to the property where you reside, on various similar services available to you at or through that property and on various other properties that may be available and of interest to you in the future.   It also means we may email you regarding updates to this Privacy Policy.  We notify you of this at the time you choose to register, and we will provide you the option not to receive further marketing communications from us at the time you register.  If we do not provide products and services to you, you may fill in a registration form and request that we provide you with commercial information.  You may choose to opt out of receiving future commercial email messages from us as a result of your registrations with us.  Mass commercial email sent by us contains a link with instructions on how to remove yourself from our email list. Please note that if you are a resident of a Gables community and you use this site and your community site, you will need to opt-out of your community site separately.  You will also need to opt-out separately from any third-party sites you have registered with.  

14. Contact Information

A.  If a user's Personal Information changes (such as zip/postal code, phone, email or postal address), or if a user no longer desires to be registered with this site, we provide a way to correct, update or delete/deactivate users' Personal Information. This can usually be done by emailing privacyrequest@Gables.com.  You may use this email to get in touch with us for any other reason relating to this Privacy Policy.  If you send us an e-mail, your communication should clearly be marked as a “Data protection query” and as being “Time sensitive”.

B.  You may also contact us by mail at Gables Residential, Attn.: Data Privacy, 3399 Peachtree Road, Suite 600, Atlanta, GA 30326.  If you contact us by mail, your communication should clearly be marked as a “Data protection query” and as being “Time sensitive”.

15. GDPR Compliance

A.  The EU General Data Protection Regulation ("GDPR") went into force May 25, 2018.  If you are an EU resident, this section of the Privacy Policy constitutes a Notice to you as a data subject for purposes of the GDPR and describes our processing of your personal data (as defined in the GDPR). 

i. Types of Personal Data Processed:  Please see section 3 B. Information You Provide to Us, and section 3 C.  Automatic Information Collection and Tracking. 

ii. Purpose and Legal Basis for Processing:  We process Personal Information for our legitimate interest of operating a website to make users aware of our products and services, as more fully described in the section 3 B. Information You Provide to Us. 

iii. Recipients:  We may transfer Personal Information to other Gables entities and to service providers of Gables and its affiliates who host and/or provide our IT system.  We may also transfer Personal Information to third-party professional advisors who provide accounting, consultancy and legal services to us. Please also see section 5. How We Use Your Information.

 iv.  Personal Information Retention: We will generally hold (but are not under an obligation to hold) marketing/registration Personal Information for a period of 7 years from the later of its submission to us or its last active use by you. There are some circumstances when we may be under a requirement to hold your Personal Information for a longer or shorter period   Please use the information in section 14. Contact Information, if you would like to discuss this further.  

  1. Data Subject Rights:  See sections 13. Email Consent and Opt-Out. 

 

  1.  Correcting and De-Activating Personal Information:  You have the right, freely and at reasonable intervals, to request that Gables inform you as to whether Personal Information relating to you is being processed. You have the right to request that Gables correct, supplement, delete or block your Personal Information in the event that the data are factually inaccurate, incomplete or irrelevant to the purposes of the processing activities or if the Personal Information is being processed in any other way which infringes a legal provision. If you wish to exercise your rights or if you have any questions or suggestions regarding the use, collection, or security of your Personal Information, please contact us using the contact details in section 14. Contact Information.  When a request for user deletion is received, we will make all reasonable efforts to purge that data from our systems. Due to the nature of our service, some information may not be fully removed due to backups or archived copies; however, such information will only be used for the purpose of performing a contract that the user has entered into with us.  In addition to these rights, you may have data portability rights.  Please use the details in the section 14. Contact Information to get in touch with us about any of your rights.

 

Terms of Use

Acceptance of the Terms of Use

Welcome to the website of Gables Residential (“Company”, “we” or “us”). The following terms and conditions (“Terms of Use”), govern your access to and use of the gables.com website (the “Website”), including any content, functionality and services offered on or through the Website

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our privacy policy, found at gables.com/privacy (“Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 

Your continued use or re-visitation of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this 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 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. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, 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 this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, 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 of Use.

Intellectual Property Rights

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 us, our 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.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Website.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Use of Copyrighted Materials and Trademarks

Our name, logos and all related names, logos, product and service names, designs and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands, logos, product and service names, and designs on this Website are the trademarks of their respective owners.

Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by us (collectively, the “Materials”) or (ii) provided by third party licensors and suppliers to us Website, the Materials and the Third Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the Website, including without limitation any Materials and Third Party Content therein.

The Materials contain trademarks, service marks and trade names, which are owned by us or our affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions: (1) any copy of the Materials or portion thereof must include all copyright notices appearing on the original; and, (2) we reserve the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from us.

The Third Party Content may also contain brand and product names, which are trademarks, service marks or trade names of third parties, which are the property of their respective owners. Unless you have permission from the owner of the Third Party Content, you agree only to display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. You acknowledge and agree that the Third Party Content does not reflect our views and that we are not responsible for any views, ideas, positions, materials and the like contained in any Third Party Content.

Nothing contained in the Website shall be construed as conferring any license or right under any of our copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of, or those of our affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third Party Content on the Website are expressly reserved to us, our affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have our express prior written consent or written permission from a third party with respect to such party’s Third Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.

You are granted a limited, nonexclusive right to create a "hypertext" link to the Website provided that such link is to the entry or home page of this Website and does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner. We may revoke this limited right at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any of our trademarks, logos, trade names or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without our express prior written consent in each instance. In addition, you may not use any meta-tags or any other "hidden text" utilizing the name of our affiliate, trademark, or product name without our express written consent in each instance.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other’s use of the Website, including his or her ability to engage in real time activities through the Website.

  • 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.

  • 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.

  • Use any device, software or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.

  • 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. 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. 

All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that authorized files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, 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) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Dispute Resolution

In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. 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, all disputes 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 a reasonable time after the dispute has arisen, 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.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use 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 Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in Fulton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and use thereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 

Your Comments and Concerns

This website is operated by Gables Residential. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@gables.com.

 

Accessibility Statement

Gables Residential is committed to providing accessible online content to the widest possible audience, consistent with the World Wide Web Consortium's Web Content Accessibility Guidelines. We believe strongly that everyone, regardless of ability or circumstance, should be able to access all our website provides.

Should you have any questions about accessing our website, please reach out to us by emailing atyourservice@gables.com or calling 404-923-5500 for further assistance.