Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHILE DOING SO.
This Website, and the information, content and services it makes available (which, collectively, are referred to as the “Website”, is owned and operated by Elme Communities, a Maryland Real Estate Investment Trust, and its affiliates, subsidiaries and related entities (collectively, “Elme”, “we” or “us”). These Terms of Service (“Terms”) set forth the terms and conditions governing your use of the Website and constitute a binding agreement between you and Elme.
By accessing or using this Website in any way, including without limitation, browsing this Website, using any information, and/or submitting any content or personal information to Elme, you agree to be and are bound by these Terms, including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Maryland law. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
Modifications to these Terms.
We may make changes or additions to these Terms from time to time in our sole discretion, by updating and posting the revised Terms on this Website and specifying the effective date of the new version of the Terms. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes, however, the prior terms in effect during any prior uses of the Website will continue to govern those uses unless you otherwise consent. Accordingly, when you visit this Website you should periodically check to see if a new version of these Terms has been posted.
This Website contains copyrighted material, trademarks, service marks, and other proprietary content, including but not limited to text, images, logos, software, sounds, photographs, buttons, video and graphics (individually and collectively, the “Content”). Together, the Content and the design and arrangement of this Website are copyrighted as a collective work under United States copyright laws. Neither these Terms nor your use of this Website transfers any right, title or interest in the Content and Elme and its third party licensors retain all of their respective right, title and interest to the Website and the Content. In addition, please note that while we strive to keep the Content that we post on the Website accurate, complete, and current, we cannot and do not guarantee, represent or warrant that any of the Content on this Website is accurate, complete, timely or applicable to you.
In addition, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Website, or by means other than the Website, including without limitation via our social media pages and accounts such as Facebook, Twitter or Linkedln) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.
Scope of Use.
You agree to use the Website for lawful purposes only, and you agree that you shall at all times comply with applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Website. We hereby grant you a nonexclusive, nontransferable, revocable, limited license to download (for viewing only) and to view the Website, and to print copies of Website pages, for your personal, non commercial use only. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Website in any other nontransferable manner or for any other purpose without the prior written permission of Elme. Any unauthorized use of the Content from the Website may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
Notice of Infringement.
If you are a copyright owner and believe the content on our Website is infringing on your copyright, or if you are a user that has received notice that you posted allegedly copyright infringing content on our Website, please contact us at this page and follow the procedures outlined below.
Elme Residential Website Copyright Infringement and DMCA Policy:
We ask our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In our sole discretion, we may remove content from our Website that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DCMA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Website, then you may send us a written notice that includes all of the following:
a legend or subject line that says: “DMCA Copyright Infringement Notice”;
a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
your full name, address, telephone number, and email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
your electronic or physical signature.
We will only respond to DMCA Notices that are received by mail or e-mail at the addresses below:
1775 Eye Street NW, Suite 1000
Washington DC 20006
Attn: Legal Department-DCMA NOTICE
It is often difficult to determine if your copyright has been infringed. We may elect not to respond to DMCA Notices we receive if they do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may also send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting Elme’s other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and any other website owned or operated by us.
If access on the Website to a work that you submitted to us is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
a legend or subject line that says: “DMCA Counter-Notification”;
a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Website from which the material was removed or access to it disabled);
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your full name, address, telephone number, email address, and the username of your account;
a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the _____ District of Maryland), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
Registration and Accuracy of Information You Provide.
Contests and/or Promotions.
Any contests or other promotions that may, from time to time, be offered via the Website will be governed by a separate set of rules that, in addition to describing the contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the same, use of Submissions you make, and disclosures about how your personal information may be used. It is your responsibility to read any such rules to determine whether or not you are eligible and whether you desire to participate, register and/or enter, and to determine the applicable terms and conditions of the contest or promotion. By participating, you will become subject to those official rules, and you agree to comply with and abide by such rules and by the decision of the sponsor of the contest or promotion (if applicable), which decision shall be final and binding in all respects.
Links to and from the Website.
The Website may provide links to other websites and/or resources (including advertisements) that we do not maintain or which are not under our control (“Third Party Websites”). Your dealings with such Third Party Websites are solely between you and such third parties. We are not responsible for, and we make no representations or warranties with respect to, the content, products, services, personal information practices, ownership, or legality of any such linked Third Party Website unless expressly stated by us. Your use of such Third Party Websites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Websites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Websites.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (7) the links only incorporate text, and do not use any Trademarks,(2) the links and the content on your website do not suggest any affiliation with us or cause any other confusion, and (3) the links and the content on your website do not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violates any right of any third party or is otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL CONTENT ON IT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELME EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ELME IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES OR DAMAGES DUE TO LOST PROFITS), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF ELME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ELME BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN $500.
Modification or Suspension of the Website or Access.
Elme reserves the right, in its sole discretion, to modify or discontinue the Website, or any portion of the Website, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Website or any portion of the Website.
Any violation of these Terms (as determined by Elme in its sole discretion) may result in restriction or termination of your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Elme.
You agree that any dispute arising out of or relating in any way to your use of this Website requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate intellectual property rights, Elme may seek injunction or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Baltimore County, Maryland, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Maryland or to any Federal Court located within the State of Maryland for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 13 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Baltimore County, Maryland.
If for any reason a dispute proceeds in court, other than for disputes brought in a small claims court for qualifying claims, you and Elme agree: (i) that any such dispute may only be brought in a state or federal court in Baltimore County, Maryland, to be governed by the FAA, applicable Federal Law, and the laws of the State of Maryland, without regard to conflict of law principles; (ii) to further irrevocably consent and submit to the exclusive personal jurisdiction and venue of such state and federal courts in Baltimore County, Maryland for resolution of any such Dispute; and (iii) to waive any right to a trial by jury.
Any forward-looking statements contained on the Website are intended to be made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The words “believes,” “expects” and “anticipates” and other similar expressions which are predictions of or indicate future events and trends and which do not relate solely to historical matters identify forward-looking statements. Such forward-looking statements are subject to risk and uncertainties, which could cause the actual results, performance, or achievements of Elme to differ materially from previously anticipated future results, performance or achievements expressed or implied by such forward-looking statements. Users are cautioned not to rely on these forward-looking statements. Some of the risks and uncertainties which may cause the actual results to differ from those projected by such forward looking statements are discussed under the heading “Risk Factors” in our Annual Report on Form 10-K which may be accessed on the internet or through this Website. Many of these uncertainties and risks are difficult to predict and beyond management’s control. Forward looking statements are not guarantees of future performance, results or events. Elme assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.
If you have any questions or concerns with respect to these Terms or the Website, you may contact us.