Terms of Use

RESIA TERMS OF USE

Last Updated: March 6, 2024
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NOTICE TO USER:

This website at www.liveresia.com (the “Website”) is made available to you by AHS Residential, LLC (“Resia”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you acknowledge and agree that you have read and understand the Terms of Use and Resia’s Privacy Policy and that you are bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website and shall immediately cease accessing and using and the Website. Resia may modify the Terms of Use from time to time, in the sole discretion of Resia. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

The Terms of Use do not alter the terms and conditions of any agreement you may have with Resia or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and Resia, the Terms of Use are the entire agreement between you and Resia and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Resia about this Website.

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Limited Right to Access and Use

Subject to this Terms of Use and Resia’s Privacy Policy, Resia hereby grants you, and you hereby accept, a non-exclusive, non-transferrable, revocable, and limited right to electronically access and use the Website as set forth below.

You may view and download material displayed on our Website for your personal use only, subject to the following provisions: (i) you retain all copyright, trademark and other proprietary notices contained within the materials; (ii) you may not distribute, retransmit, republish, reuse, repost, or use the contents of our Website for public purposes, without Resia’s prior written permission; (iii) you may not alter or interfere with the content or functioning of our Website, or “mirror” any content contained on our Website on any other server; (iv) you must not use the Website content in a manner that suggests an association with Resia or any of Resia’s products, services or brands; (iv) you must not copy or adapt any object code associated with ourWebsite or reverse engineer, modify, or attempt to discover any source code associated with our Website, nor allow or assist any third party to do so (whether or not for your benefit); (v) you must not use the Website content for any use other than personal and educational, and will not redistribute, broadcast, or copy it to any other media; and (vi) you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Website content (except as maybe a result of standard search engine or Internet browser usage).
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Restrictions

You shall not attempt to do or do any of the following, and shall not allow others to attempt to do or do any of the following: Assign, sublicense, transfer, or otherwise provide another person with access to and/or use of the Website;

allow another person to use your username and/or password to access and/or use the Website;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity with respect to accessing and/or using the Website;
upload, post, e-mail, transmit, or otherwise make available through the Website any content, data or other information (i) that is false, inaccurate, incomplete, untimely, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful; (ii) for which you do not have a right to make available (publicly or privately); (iii) that infringes any intellectual property right or other proprietary right of any person or entity; or (iv) that contains malware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, interfere with, or otherwise limit the functionality of any computer software, hardware, network, telecommunications equipment, or to otherwise interact with the Website in a manner not permitted;
download, copy, publish, modify, tamper with, adapt, translate, reverse engineer, disassemble, decompile, decode, or decrypt the Website;
create derivative works from the Website;
forge headers or otherwise manipulate identifiers related to the Website;
use, remove, alter, obscure, translate, combine, supplement, or otherwise change any screen display, patent, copyright or trademark marking, disclaimer, version or release number, or serial number which is present in, displayed by, or provided in connection with, the Website;
frame, link, or otherwise use a method to give the appearance that you are authorized to display the Website for others;
probe, scan, or test the vulnerability of the Website;
act as a Website bureau to third parties or act as an outsource agent or outsource provider for third parties, or otherwise utilize the Website for the benefit of any third party;
use any information from the Website for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes;
enable high volume, automated, electronic processes through the Website;
use any robot, spider, data miner, crawler, scraper, or other automated means to access or index the Website or content, data or other information associated with the Website;
interfere with or disrupt the Website or servers or networks connected to the Website, or violate any requirements, procedures, policies, or regulations of networks connected to the Website;
bypass, breach, disable or defeat or attempt to do any technological safeguard, restricted access, or other protection used by, or in connection with, the Website;
stalk or otherwise harass any person or entity through the Website;
facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize through the Website;
collect, store, use, share, or otherwise process personal data, personal information, personally identifiable information or any other information which is related to an identified or identifiable natural person (collectively, “PersonalInformation”) of other users of the Website, except as (i) allowed by applicable law, (ii) permitted pursuant to this Terms of Use, and (iii) to facilitate a transaction through the Website;
disclose any information of or provided by Resia or another user of the Website, except as needed to use the Website in accordance with this Terms of Use;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; or
access or use the Website in a manner that violates this Terms of Use or any applicable law, rule, or regulation.

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Use Of Copyrighted Materials/Trademarks

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 Resia (collectively, the “Materials”) or (ii) provided by Third-Party licensors and suppliers to Resia (collectively, the“Third-Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third-Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights underUnited 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 there in.

The Materials contain trademarks, service marks and trade names which are owned by Resia and its 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:

Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
Resia reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Resia.

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 the views of Resia and that Resia is 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 copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Resia, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in theMaterials and Third-Party Content on the Website are expressly reserved to Resia, its affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of Resia 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 limitationMaterials and Third-Party Content) of any kind included therein, in any medium,(ii) modify the Website, or any portion thereof, (iii) access the Materials andThird-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.

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Hyperlinks To This Site

You are granted a limited, nonexclusive right to create a “hypertext” link to theWebsite provided that such link is to the entry or home page of this Website and does not portray Resia or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Resia at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Resia trademark, logo or trade name 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 the express prior written consent of Resia in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a Resia or Resia affiliate name, trademark, or product name without express written consent from Resia in each instance.

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Links To Third-Party Websites

The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Resia. If you use these links, you may leave theWebsite. Resia has not reviewed any of these Third-Party sites and does not control and is not responsible for any of these sites or their content. Resia does not endorse any opinion, recommendation or advice expressed therein or make any representations about Third-Party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and Resia expressly disclaims any and all liability in connection with such Third-Party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against Resia in connection therewith. You further understand and acknowledge if you decide to access any of the Third-Party sites linked to the Website, you do so entirely at your own risk.

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Noninterference

You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third-Party Content or enforce limitations on use of the Website or any such content therein.

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Disclaimer Of Warranties

Except as may be expressly set forth otherwise in a written agreement between you and Resia or a Resia affiliate, Resia has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RESIA ASSUMES NO LIABILITY OR RESPONSIBILITY FORANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD-PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF RESIA’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

To the extent Resia is managing a property where you are renting or buying a home, you must rely solely on your own investigation and conclusions regarding such home, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the Website are not guarantees or current or future performance.
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Limitation Of Liability

IN NO EVENT SHALL RESIA BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL RESIA BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORMOF THE ACTION AND REGARDLESS OF WHETHER RESIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF RESIA FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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Press Releases

The information contained within press releases issued by Resia and its affiliates should not be deemed accurate or current except as of the date the release was posted. Resia and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

Copyright Infringement Policy

Resia does not knowingly permit copyright infringing activities on the Website.

If a person is a copyright owner or an agent of the owner and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Resia copyright agent indicated below with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Resia to locate the material;
Information reasonably sufficient to permit Resia to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail;
A statement that the reporting person has 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated Resia copyright agent (“Copyright Agent”) to receive such notifications of claimed infringement is legal@liveresia.com, attn: Legal Departments. We will review and address notices that comply with the above requirements. We recommend that you consult your legal advisor before filing such a notice or any counter-notice under the DMCA.

Please be advised that notices under the DMCA should go to our Copyright Agent; but any other feedback, comments, requests for technical support, and other communications in connection with the Website should be directed to Resia customer service through www.liveresia.com/contact.

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Indemnification

You agree to defend, indemnify and hold harmless Resia and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from, related to or in connection with:(i) your use of and access to the Website, including without limitation any Materials contained herein; (ii) your violation of any of these Terms of Use; and/or (iii) your violation of any Third-Party right, including without limitation any Third-Party Content or any other Third-Party copyright, property, or privacy right in connection with your use of or access to the Website.

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General Provisions

Entire Agreement

This Terms of Use represent the entire agreement between Resia and you with respect to your access to and use of the Website, and supersede any prior or contemporaneous understandings and oral or written agreements with respect to the subject matter of this Terms of Use.

Assignment

You shall not assign this Terms of Use or any right or obligation pursuant to this Terms of Use without the prior, written consent of Resia, which consent may be withheld at the sole discretion of Resia.

Binding Effect

This Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by Resia and you and their successors and permitted assigns. This Terms of Use shall not be construed to give any person other than Resia and you any legal or equitable right, remedy, or claim under or with respect to this Terms of Use.

Governing Law; Venue; Jurisdiction

Enforcement of the Terms of Use will be governed by Florida law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue forany claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in Florida and you irrevocably agree to submit to the jurisdiction of such courts.

Waiver

The failure of Resia to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Resia in writing.

Severability

In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

Force Majeure

Except for obligations of payment, if either party is prevented from performing any of such party’s obligations under this Terms of Use by circumstances beyond its reasonable control, then the party so affected shall be excused from its performance under this Terms of Use so long as such circumstance exists.

Jury Trial Waiver

RESIA AND YOU EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY ACTION OR PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS AGREEMENT. RESIA AND YOU EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) AGREES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.

Injunctive Relief

Each party will have the right, in addition to such party’s other rights and remedies, to seek injunctive relief for any breach of this Terms of Use.

Prevailing Party Attorneys’ Fees

In the event of any legal proceeding or equitable action, the prevailing party in such legal proceeding or equitable action shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such legal proceeding or equitable action, as well as at all levels of trial and appeal.

Survival

All payment obligations incurred by you and the provisions set forth above will survive the expiration and earlier termination of this Terms of Use.

Notice

All notices required pursuant to this Terms of Use shall be delivered by and deemed delivered upon: (i) hand-delivery on the date delivered; (ii) nationally recognized overnight delivery service on the date delivered or the date delivery is refused by the recipient; or (iii) electronic mail with verification of receipt upon such verification. All such notices shall be addressed to the other party at the address provided to the other party or to such other address as a party may designate by notice complying with the terms of this section.

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Contact Us

If you have any questions regarding the Website, please contact us via www.liveresia.com/contact.

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FAIR HOUSING STATEMENT

Resia is committed to compliance with all federal, state, and local fair housing laws. Resia will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws. Resia will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification maybe responsible for the related expenses.

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ACCESSIBILITY

Accessible Housing

Resia will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification maybe responsible for the related expenses. Please contact the community directly for more information. Community contact information may be found via our Apartment Search page.
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Website Accessibility

AHS Residential, LLC strives to improve the usability and accessibility of its website and mobile application for all users, including those with disabilities. Resia efforts to improve digital usability and accessibility are guided by the relevant portions of the Web Content Accessibility Guidelines 2.1, Level A and AA, and other existing recommendations.

Our efforts are ongoing and are tested on a periodic basis using various forms of assistive technology. To make our website easier to use, we regularly respond to feedback from audits conducted by a nationally recognized vendor, whose testers include individuals with disabilities who are regular users of assistive technology.

If you are a user with a disability, or an individual assisting a user with a disability, and have difficulty accessing or navigating our content on liveresia.com, please contact us at www.liveresia.com/contact. In your message, please provide your contact information, the web address or other location where you experienced difficulty, and a brief description of the problem you encountered, including the type of assistive technology you were using when you experienced difficulty.