Arris

ProspectPortal Terms of Use

These terms and conditions of use (these "Terms") are a binding contract between Entrata Canada, Inc. ("Entrata"), the legal entity that owns or manages the property displayed on this website (the "Property Management Company", and together with Entrata, "we", "our" or "us") and you ("you" or "your"). By using Prospect Portal (the "Site"), you agree to be bound by these Terms. The Site is being provided by Entrata on behalf of the Property Management Company.

By using the Site, you hereby warrant that you are of legal age or have parental consent to enter into, and you hereby agree to be bound by these Terms. If you do not agree to all these Terms, you are not authorized to use the Site and must immediately cease use thereof. The Property Management Company and Entrata on the Property Management Company's behalf, provide the information and services on the Site to you conditioned upon your acceptance, without modification, of the Terms. We reserve the right to modify these Terms from time to time, and we will make you aware of material changes to these Terms by visibly posting them on the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page form time to time so you are aware of any changes, as they are binding on you. Therefore, it is your responsibility to review them when conducting business herein. Your continued use of any part of the Site after such modification shall be deemed your consent to such modifications. The Site is hosted and maintained by Entrata on behalf of Property Management Company, and Property Management Company is the legal entity that owns or manages the properties displayed on the Site.

By using the Site, You agree to the following:

1. Agreement to Deal Electronically; Electronic Communications and Notices.

All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw such consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.

By clicking "Submit" on any step of a transaction within this Site, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled "I agree to the Terms & Conditions," you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided. You are solely responsible for ensuring the completeness and accuracy of the information you enter, and you hereby agree to defend, indemnify and hold harmless Entrata, Property Management Company, their 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, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to the information you enter. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you may refuse to conduct other electronic transactions in the future. Your transaction, if applicable, is subject to your acceptance of these Terms and conditions, which are agreed upon when you proceed with your transaction. This agreement is entered into on the date of payment acceptance. This agreement supersedes any agreement, in regards to these matters, with your Property Management Company, or the owner of the merchant account to which you are submitting an electronic payment. You hereby agree as follows.

By making your payment and providing the information needed to process your checking, savings account or credit card account, you acknowledge that you have read and understand the Terms and conditions contained herein.

Except as otherwise provided in these Terms, Entrata will give you any notices regarding the Site by posting them on the Site. You also authorize Entrata or Property Management Company to send notices (including notice of subpoenas or other legal process, if any, and including any notices sent by Entrata or Property Management Company's behalf) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your email address current and any notice sent by Entrata or Property Management Company to an email address that you have provided to us will be considered effective notice.

2. Unauthorized Use of Your Password.

All instructions transmitted by or received from anyone presenting your password or other credentials on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password or other credentials, whether or not made with your knowledge or authority. You agree to guard your password or other credentials carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password or any other credential who is not intended to have authority to act on your behalf, please contact Entrata immediately. You can authorize Entrata, as the manager of the Site, to refuse to accept any further transactions initiated under that password on your behalf and Entrata will use commercially reasonable efforts to block such transactions. Property Management Company and Entrata have no liability for transactions initiated under your password without your authorization.

3. License to Use the Site.

License: We hereby grant you a limited, revocable, non-transferable, nonsublicensable license to access and use the Site solely for your personal use for purposes of accessing the information provided on the Site. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. As between you and Entrata, we retain all right, title, and interest in and to the Site. Except as provided in these Terms, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained thereon is protected by copyright and intellectual property rights under both United States and foreign laws and all rights not expressly granted are reserved by Entrata or Property Management Company, their affiliates, and their partners, as applicable. Subject to applicable law, Entrata reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.

The license in this Section 3 does not include permission to copy the design elements, "look and feel" or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in these Terms, neither Entrata, Property Management Company, nor any third party has conferred upon you any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.

4. Submission of Comments; Prohibited Content and Conduct.

Any comments or suggestions that you provide to Entrata, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, concepts, or other feedback are collectively deemed "Submissions". Except to the extent prohibited by applicable law, none of the Submissions will be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, we will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, we may sublicense these rights to third parties.

Under no circumstance are we responsible for any Submission to the Site or for the content of that Submission, nor shall we be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.

You must not do or attempt to do any of the following, as reasonably determined by us, subject to applicable law:

5. Your Representations and Warranties.

You represent and warrant for the benefit of Entrata, Property Management Company and their licensors and suppliers that:

6. Payments

6.1 If applicable, you agree to pay all application fees billable immediately to the account identified in your application for the purpose of application processing, which fees are payable upon the submission and receipt of an application. If payment is made by pre-authorized debit, you understand that if such payment is denied by the bank for any reason, you may be charged additional fee(s) by your Property Client, which will be added to the original amount and auto-debited from your Payment Account at least ten (10) days after re-presentation of such payment. To the extent permitted under applicable laws, you assume all responsibility for all such fees. Fees vary; please contact your leasing office for details. Additional fees may also be assessed by your bank and/or Property Client. Your copy of the application will serve as a receipt for the application fee collected.

6.2 Service fees are charged by us, and not by your Property Client. Service fees are not surcharges. We are a third-party vendor, who is not the seller, lessor, or management company. Any payment methods initiated through the online platform may be charged a service fee, including, credit card, debit card, and pre-authorized debits. These fees are being charged by us for providing the service of an online payment channel. You will be informed of any service fees payable prior to completing a transaction. To the extent a service fee is payable on an ongoing basis, you will be informed of such prior to completing the applicable transaction and by proceeding with the transaction you thereby authorize us to charge, and you thereby agree to pay, such service fee. IF YOU DO NOT AGREE TO PAY THE SERVICE FEE, DO NOT FINALIZE THE TRANSACTION.

6.3 If you are applying for a lease, no guarantees are made to you that a property rental is or will be made available. You understand that you will acquire no rights in or to a property rental until you accept and sign a rental agreement and pay all applicable application fees and security deposits.

6.4 We and your Property Client make every effort to comply with all payment processing rules and regulations. If you believe you have been charged a service fee in error, please contact the Property Client to whom your payment is submitted.

6.5 To the extent permitted by applicable law, we reserve the right to cancel your transaction processing account at any time for any reason including in circumstances where you provide us with information that is untrue, inaccurate, not current or incomplete or where you, in our reasonable discretion, use the Payment Gateway for any illegal purpose or in any manner inconsistent with these Terms. You agree that our services shall only be used for lawful purposes. Any transaction or transmission which violates federal, provincial or local laws is expressly prohibited. You hereby authorize us to investigate and confirm the information herein to the extent permitted under applicable law. Upon your request, we will provide you with a copy of the results of such investigation if needed. The Property Client may also decline any and all payments at any time and for any reason (to the extent permitted by applicable law) at which time we will return the payment amount entered into the Payment Gateway, minus service fees paid, in an appropriate and reasonable time frame. You acknowledge and agree that, except to the extent prohibited by applicable law, any service fees paid are non-refundable.

6.6 We reserve the right to refuse processing service to you at any time in accordance with applicable laws. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active scheduled payments must be deleted before use of service is discontinued. It is your responsibility to terminate any and all scheduled payments on your account before relocating or moving - otherwise charges will continue to be assessed to your billing account during the period designated for scheduled payments to take place. You agree to indemnify and hold us harmless for any failure by you to review any scheduled payments, submit duplicate payments or cancel any scheduled payments. You can cancel your service by contacting your Property Management Company. If payment is made by pre-authorized debit, you may cancel scheduled payments at any time by discontinuing any use of the Payment Gateway and deleting any active scheduled payments. Additionally, further information on your right to cancel your Authorization is available at your financial institution or by visiting www.payments.ca. If you choose to utilize a written cancellation form provided by your financial institution or at www.payments.ca, please send the completed form to [email protected].

6.7 If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if such actions can reasonably and efficiently handle said problem.

6.8 Both you and payee mutually reserve the right to cancel, or reverse any and all checking or savings account or credit card transactions that have been cleared through the Payment Gateway.

6.9 Subject to applicable law, you authorize the Property Client to obtain such credit reports, criminal histories, character reports, verification of rental and employment history, as it deems necessary to verify all information in your application. You further understand that false, fraudulent, misleading or incomplete information may be grounds for denial of tenancy or subsequent eviction. There are no warranties offered by us or the Property Client, whether express or implied.

6.10 Pre-Authorized Debit Agreement. You pre-authorize Entrata Canada, Inc. (“Entrata”) on behalf of your Property Client and the financial institution designated (or any other financial institution you may authorize at any time), to debit your bank account for one-time payments from time to time, as presented and accepted by you in the Payment Gateway. This Pre-Authorized Debit Agreement (this “Authorization”) constitutes your agreement and authorization for Entrata to debit your bank account as described in these Terms and is effective as of the date you accept these Terms. This Authorization is provided in connection with the payment of fees and other amounts owed by you to your Property Client arising under or in connection with any application, lease, renewal lease, and any other forms and addenda that relate to the lease agreement (collectively “Lease Documents”) entered into between you and your Property Client.

7. Personal Information

We respect your privacy and the use and protection of your personal information. Our information collection and use policies with respect to the privacy of such personal information are set forth in our Privacy Policy. We encourage you to read the Privacy Policy https://www.entrata.com/privacy-policy/can, and to use it to help make informed decisions regarding the collection, use and disclosure of your personal information.

8. Indemnity

8.1 You agree to defend, indemnify and hold harmless Entrata, Property Management Company, their affiliates, licensors and service providers and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fess (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, the Submissions provided by you, any use of the Site's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site or your violation of any law. Neither Entrata nor Property Management Company will be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.

8.2 We will not be liable for performance of services where delayed by an act of force majeure including but not limited to: war, riot, embargoes, strikes, or acts of our vendors and suppliers, concealed acts of workmen (whether ours or others), or accidents. The indemnification provided for in this article shall survive any termination of these Terms. You declare the following:

a. That all representations and statements made by you or on your behalf in these Terms, or in any other document relating hereto, are true, accurate and complete in all material respects.

b. Where applicable and appropriate, you agree to maintain and promptly update your registration or payment information to keep it true, accurate, current and complete.

c. Failure to provide or maintain accurate and current data that is being passed to and from you will result in breach even if we have been advised of the possibility thereof.

9. DISCLAIMERS OF WARRANTIES.

PROPERTY MANAGEMENT COMPANY, AND ENTRATA ON PROPERTY MANAGEMENT COMPANY'S BEHALF, PROVIDE THE SITES "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.

10. WAIVER AND RELEASE OF LIABILITY

YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. To the fullest extent permitted by law, you hereby waive and release us from any and all claims, losses, costs or damages of any nature whatsoever resulting from or in any way related to your use of this Site. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ENTRATA, PROPERTY MANAGEMENT COMPANY, OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR REPRESENTATIVES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

The ratings and reviews posted on the Site are the opinions of those that post such ratings and reviews and are subject to change by the original user who posted the rating or review. If you choose to live at the property based on the ratings or reviews posted here, we are not liable for any actions arising from this service. Third parties will have access to view any ratings and reviews that you post on this Site, and we are not liable for any actions or liability that may arise from such access. We are not liable for the information contained in this Site that is posted by third parties, and no warranties arise from this service, including if the information is false. This waiver and release shall apply to all claims, whether under the law of contract, equity, tort, strict liability or otherwise.

11. Termination

We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:

12. Links to Third Party Sites.

As a convenience, we may provide links to third-party websites from the Site. We are not responsible for and do not endorse the informational content or any products or services available on any third-party website and do not make any representations regarding its content or accuracy. We take no responsibility and assume no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained on such sites. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Entrata or non-Property Management Company websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter on such third-party sites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when leaving our Site of the privacy statements and terms & conditions of each website that collects personally identifiable information.

13. Miscellaneous.

13.1 Assignment

These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of us. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of us will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties in our sole discretion and without your permission.

13.2 Entire Agreement

The Terms constitute the sole and entire agreement between you and Entrata and Property Management Company with respect to the Site supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

13.3 Severability

If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder will continue in effect.

13.4 No Waiver

The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches.

13.5 Governing Law; Forum and Venue Selection

These Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably attorn and submit to the exclusive jurisdiction of the Ontario courts situated in the City of Toronto and waive any objection to the venue of any proceeding in such court or that such court provides an inconvenient forum.

13.6 English

The parties to these Terms of Use hereby confirm their express wish that these Terms, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms be in the English language only and declare themselves satisfied with this; les parties aux présentes Conditions d’utilisation confirment leur volonté expresse de voir les présentes Conditions d’utilisation, de même que tous les documents qui s’y rattachent, incluant, mais non de façon limitative, tous les confirmations, avis, renonciations, consentements et autres communications entre les parties, rédigés en langue anglaise seulement et s’en déclarent satisfaites.

14. Contact Us

For questions or concerns about the use of personal information or about these Terms, please contact the Property Management Company.

We suggest that you print out a copy of these Terms for your records.

ENTRATAS' TEXT MESSAGE SYSTEM

The message you received on your phone was sent to you by Entrata on behalf of a Property Management Company, because you signed up to receive messages either on a property's website or because you opted-in to an SMS service by sending a text to a Property Management Company, or another means. Message and data rates may apply.

If you believe the message reached you in error, please do one of the following:

Alert Management

If you are a resident of the property sending you text messages, you can manage all of your notifications from within ResidentPortalTM. Log in to your property and go to your profile tab. Under the SMS settings block, click "Edit" and un-check the services you would like to opt-out of. You can manage which messages you would like to be subscribed to in the same place.

FAQs

How did I get subscribed to your service?

There are two ways you can opt-in to our services. The first is via the web (on a form) or replying STOP to end all communication via text message.

The second is by sending a text to the applicable Property Management Company.

Am I being charged for these messages?

That depends on the standard SMS rate plan you have setup with your carrier/provider.

Neither Entrata nor a property involved in these messages is directly charging you to receive these messages. However, standard message and data rates do apply for our services.

Terms and Conditions

You must be 13 years or older and a legal resident of Canada to receive/send text messages in affiliation with any of these subscriptions. By your participation in these property subscriptions, you certify that you are at least 13 years of age and meet any other age and residency requirements of the property.

You acknowledge that SMS messages are distributed via third party mobile network providers and, therefore, the property cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.

The property does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.

Fees

Neither your apartment complex nor Entrata charges a fee for any of the subscriptions listed above. Message and Data Rates May Apply.

Additional Help

Contact the property you receive these messages from directly for additional help.

If you subscribe to our SMS Services, you thereby agree to receive SMS Service messages at the address you provide for such purposes. Such messages will come from Entrata on behalf of the applicable Property Management Company.

Participation in our service is free of charge but standard carrier text messaging charges will apply. You may change your mind at any time by following the opt-out instructions below. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges. Entrata will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your express or implied prior consent. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies.

You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service.