Brand New Apartment Homes, Now Open
Brand New Apartment Homes, Now Open
PEAKMADE REAL ESTATE (“PeakMade Real Estate”, “we”, “us”, or “our”) shares your concerns about the protection of the personal information we collect from our users (“you” or “your”). This Privacy Policy governs the websites that PeakMade Real Estate and our affiliates, subsidiaries, and related entities operate (individually and collectively, the “Site”).
This Privacy Policy comprises a key portion of our Terms of Use (available here: ______________________) and is subject to the terms and conditions contained therein. You should read both the Terms of Use and this Privacy Policy before sharing any personal information with PeakMade Real Estate or before using the Site. By using the Site, you are agreeing to our Privacy Policy and Terms of Use. If you do not agree to both the Privacy Policy and Terms of Use, please exit the Site immediately.
We will only collect personal information reasonably needed to provide our services to you. This Privacy Policy will explain what personal information we may collect from you, how that information is used, and how you can contact us to modify previously submitted information or limit our use of it. We will take reasonable precautions to protect the privacy of any visitors to this Site, including our residents, guarantors, applicants, prospective residents, clients, or prospective clients.
This Site may contain links to other sites not affiliated with or controlled by PeakMade Real Estate, including social-networking sites. You acknowledge that we do not monitor or control the websites or privacy practices of these or any other third parties and are not responsible for their practices or the content of their websites. We provide links on the Site to third party sites only as a convenience, and the inclusion of a link on our Site does not imply our endorsement of the linked site. If you visit another community’s website, complete a rental application, log into a resident portal, submit an employment application, or take other action by clicking a link on this Site you may be leaving this Site and accessing services on another site owned and operated by a third party, who will have its own privacy policy. You should review the privacy policies of such third parties to understand how they collect and use information.
PeakMade Real Estate receives two types of data about you: (a) “Personally Identifiable Information” - that is, information from which an individual can be identified, such as your name, email address, home address, and telephone number, that you may provide when using some of the Site's features; and (b) “Tracking Data”, which is automatically collected from every visitor to our Site (collectively, “Personal Information”). Our collection of Personal Information is described in more detail below.
Personally Identifiable Information. We collect and store information from you when you submit forms or applications on our Site, contact us through phone or email, respond to surveys, or utilize a resident or client portal account. Although you are not required to share any Personal Information with us, declining to provide such information may limit our ability to provide services to or communicate with you.
Residential Applicants and Lease Guarantors. Anyone applying to live at one of our communities or to guarantee a lease for another person applying to live at one of our communities will be asked for information needed to process an application, including: (a) name, (b) address, (c) telephone number, (d) email address, (e) social security number, (f) date of birth, and (g) your preferences regarding your future apartment. We will use this information to process the application and also to contact the applicant and/or guarantor.
Current Residents. Any resident of one of our communities has provided PeakMade Real Estate with Personally Identifiable Information, including: (a) name, (b) address, (c) telephone number, (d) email address, (e) social security number, (f) and date of birth. We will use this information to complete your resident profile and also to contact you regarding your residency with us. We will share only your name, telephone number, and email address with potential roommates in your apartment and also with third party vendors who provide resident services at your community, like utility billing, valet trash or package services, or marketing services on behalf of PeakMade Real Estate.
Prospective Residents. Anyone submitting a form on this site to obtain more information about PeakMade Real Estate our any of our communities will be asked for information needed to provide the requested information, including: (a) name, (b) address, (c) telephone number, and (d) email address. We will use this information to contact you for marketing and solicitation purposes. Clients. Anyone submitting a form on this site to obtain more information about PeakMade Real Estate's management, development, or consulting services will be asked for information needed to provide the requested information, including: (a) name, (b) address, (c) telephone number, and (d) email address. We will use this information to contact you for marketing purposes regarding potential business opportunities.
Employment Applicants. Those applying for employment with PeakMade Real Estate will be asked for Personally Identifiable Information, including: (a) name, (b) address, (c) age or date of birth, (d) email address, (e) occupation, (f) employment information, (g) telephone number, (h) educational background and (i) Social Security/national insurance number, (j) credit checks, (k) background checks and (l) employment verification. Where legally required, we will obtain your consent before undertaking these checks. Once a candidate accepts a position, the candidate may be asked to complete further online details. This may include an invitation to self-identify ethnicity or race. This information is only collected in relation to positions in some jurisdictions and we do this to meet government reporting requirements. Provision of this information by candidates is voluntary and it is not collected where it would be unlawful for us to do so.
Also, we may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will forward to us your email address and other information about you so that we may contact you as requested. This may include information about you provided to us by your college or university in accordance with their policies on sharing of personal information.
Tracking Data and Analytics. Tracking Data consists of information we collect automatically from each Visitor, such as browser type, operating system, Internet service provider, IP address, and referring page or site. Tracking Data may include information such as the pages you visit and features you use, the total number of your Site or page visits, your search terms, and the average time you spend on a page or area of the Site.
PeakMade Real Estate uses Tracking Data to create aggregate reports on visitor demographics, Site traffic patterns and user behavior, and may provide these reports to advertisers and other third parties.
We may combine the Tracking Data we collect from you with your Personal Information and use the combined information for our own customer research and marketing purposes, such as to identify which Site users we think are most likely to lease an apartment in the near-term. We may share the results of that research with third parties, but we will not share the combined information with any third party for its own marketing or other use. Use of Cookies
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit the Site, we may collect information from you automatically through cookies or similar technology. PeakMade Real Estate uses cookies in a range of ways to improve your experience on the Site, including keeping you signed in and understanding how you use our website
Functionality – PeakMade Real Estate uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and your location. A mix of first-party and third-party cookies are used.
Advertising – PeakMade Real Estate uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device and your IP address. We sometimes share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
Analytics – PeakMade Real Estate may use analytics cookies, which are sometimes called performance cookies, to collect information about your use of the Sites and enable us to improve the way they work. Analytics cookies collect information about how you use the Sites, for instance, which pages you go to most. The information allows us to see the overall patterns of usage, help us record any difficulties users may have while using the Sites and show us whether or not our advertising is effective.
You can set your browser not to accept cookies or refuse cookies when you enter certain sites, including this one. You may also limit the information we are able to gain from certain cookies by logging into our Sites directly, rather than through any social media credentials. However, some of the Site’s features may not function as a result of disabling cookies.
Google Analytics. The Site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses Cookies. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of the Site. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Find Google's privacy policy here.
PeakMade Real Estate does not currently use any outside advertising company (“Advertiser”) to serve banner or other advertisements on the Site. However, PeakMade Real Estate reserves the right to use an Advertiser to serve such advertisements in the future. If so, please be advised that such Advertisers may place cookies in your browser's cookie file, which would enable such Advertisers to record which ads your browser has seen, and which Site pages you may have been viewing when the ads were delivered. Such cookies would only be able to be viewed by the applicable Advertiser(s), and not by PeakMade Real Estate.
PeakMade Real Estate uses your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our company and our users.
We use information collected from cookies and other technologies, to improve your experience and the overall quality of our services. We may use your Personal Information to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection. We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.
Your provision of Personal Information is required in order to use certain parts of our services and our programs. If you fail to provide such Personal Information, you may not be able to access and use our services, or parts of our services.
Sharing Information
PeakMade Real Estate may disclose your Personal Information to commercial providers for a business purpose. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.
PeakMade Real Estate does not sell your information, however, it may be necessary to share your information with third parties in certain business or legal circumstances, as detailed below.
PeakMade Real Estate works with third parties who provide services that may include, but are not necessarily limited to, website hosting, data analysis, email services, and other services of an administrative or technical nature. PeakMade Real Estate reserves the right to share Personal Information collected on this Site with those third parties for the purpose of providing such services.
Notwithstanding any other provision of this Privacy Policy, we reserve the right to disclose your Personal Information to third parties under any of the following circumstances: when we believe in good faith that the law permits it (for example, in response to a court order or a subpoena); to our legal advisors; to enforce our Terms of Service; to protect the rights, property, safety or security of PeakMade Real Estate, our residents, or the public; or to respond to an emergency. We attempt to notify consumers about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are over-broad, vague or lack proper authority, but we do not promise to challenge every demand.
We may disclose your Personal Information in the event of a business transfer. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Information about our users is often a transferred business asset. In the event that PeakMade Real Estate itself or substantially all of our assets are acquired, Personal Information about our users may be one of the transferred assets.
PeakMade Real Estate takes reasonable measures in accordance with applicable laws to safeguard users’ Personal Information. While PeakMade Real Estate strives to protect your Personal Information and therein your privacy, we cannot guarantee the security of any information. Such information is provided to us at your own risk. Our policies do not extend to the general operation of the Internet, which is beyond our control.
We limit access to Personal Information to employees who will reasonably need to receive such information to perform their jobs and provide our services to you, but we take precautions we deem reasonable to protect the security of users’ Personal Information. We inform our employees of the sensitivity of the data submitted to us and instruct them to handle it with care to limit improper access by third parties. However, as in many computer systems, internet applications and software programs, unauthorized use, failure of hardware or software, etc. may be harmful to the confidentiality of users’ Personal Information.
By entering your Personal Information through any forms on this site you are providing affirmative consent for us to contact you through any method you shared, including email and telephone. We may contact you to send information or notices related to the property where you live or other properties that may be of interest to you. We may also email information regarding the use of the Site or its services, or changes to our Terms of Service or this Policy.
Each marketing or solicitation email will contain a link with instructions to opt-out of such communications. If you are a resident of a PeakMade Real Estate community, you are not able to opt-out of all communications, like emergency notices.
Further, if you are subscribed to PeakMade Real Estate emails and also emails from any properties managed by PeakMade Real Estate, you must unsubscribe from each location’s emails separately. And, if you are receiving emails from a third party you connected to from this site, you will also need to opt-out of their emails separately.
We determine the appropriate retention period for Personal Information on the basis of the amount, nature and sensitivity of your Personal Information processed, the potential risk of harm from unauthorized use or disclosure of your Personal Information and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our services, we aim to provide you with choices about how we use your Personal Information. We also aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law and upon your request, we will provide you with copies of your Personal Information, make reasonable efforts to remove your Personal Information from our active databases or correct any erroneous information. To make this request, email us at privacy@peakmade.com. In accordance with applicable law, and to help protect your privacy and security, we will take steps to verify the identity of any individual making such a request. Such information will be corrected or deactivated as soon as reasonably possible. We reserve our right to deny a deletion request when we must maintain your information for the purpose of completing transactions; upholding legal obligations; maintaining security and existing functionality; and allowing for internal, expected, and lawful uses based on your expected relationship with our business.
The European Union’s General Data Protection Regulation (“GDPR”), and corresponding legislation in the United Kingdom, provide European and United Kingdom residents with certain rights in connection with Personal Information you have shared with us. If you are resident in the European Economic Area and the United Kingdom, you may have the following rights:
If you would like to exercise any of these rights, please contact us via email at privacy@peakmade.com or write to us: PeakMade Real Estate Attn: Data Protection Officer 2970 Clairmont Road NE, Suite 310 Atlanta, Georgia 30329
The Site or services are not intended for use by children. We do not intentionally gather Personal Information about visitors who are under the age of 16. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us at privacy@peakmade.com. If we learn that we have inadvertently collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
If you have any questions or concerns about this Policy, our Terms and Conditions, or how your own information has been collected or used, please contact us via email at privacy@peakmade.com, or by mail or telephone at: PeakMade Real Estate Attn: Data Protection Officer 2970 Clairmont Road NE, Suite 310 Atlanta, Georgia 30329
We reserve the right to make changes to this policy at any time without notice. Although we may notify you of updates via any contact information provided, we are not required to do so. It is your responsibility to review this policy for modifications each time you visit the Site, which will be indicated by the “last revised on” date at the top of this page. Your continued use of the Site is considered an acceptance of any and all changes to this policy.
Acceptance of the Terms of Use These Website Terms of Use are entered into by and between You and PeakMade Real Estate (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.peakmade.com, including any content, functionality and services offered on or through that URL (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or using any functions on or within the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://peakmade.com/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.
Except as expressly set forth otherwise in a fully executed agreement between you and the Company, these Terms and Conditions are the entire agreement between you and us. These Terms of Use do not alter the terms and conditions of any agreement you may already have with the Company or its affiliates.
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 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.
Your Eligibility and Your Responsibility To be eligible to use the Website, you represent and warrant that you: (i) are at least 16 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Website and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to PeakMade Real Estate; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of PeakMade Real Estate or a third party.
You assume all responsibility for your use of, and access to, the Website. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
Accessing the Website and Account Security We reserve the right to withdraw or amend this Website, and any service, product or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
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, and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
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 expressly agree that we may collect, disclose, store and otherwise use your information in accordance with the terms of the PeakMade Real Estate Privacy Policy, available at https://peakmade.com/privacy-policy/.
The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account. You agree to notify us immediately of any unauthorized access to or use of your username 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 credentials, 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.
Feedback You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to PeakMade Real Estate (“Feedback”) to PeakMade Real Estate. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and PeakMade Real Estate shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from PeakMade Real Estate under any circumstances relating to such Feedback.
Limited License & Ownership Subject to the terms and conditions herein, PeakMade Real Estate grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or PeakMade Real Estate authorized Website to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of PeakMade Real Estate. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and PeakMade Real Estate.
Furthermore, without the prior written approval of PeakMade Real Estate, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by PeakMade Real Estate are licensed, not sold. The Services, and all copies of the Services, are owned by PeakMade Real Estate or its third-party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. PeakMade Real Estate reserves all rights not expressly granted to you herein. You agree that you have no right to any PeakMade Real Estate trademark or service mark and may not use any such mark in any way unless expressly authorized by PeakMade Real Estate.
Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your PeakMade Real Estate account, prohibition on use of the Services, and further legal action. PeakMade Real Estate reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service.
PeakMade Real Estate is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Site and Services, you expressly waive the right to seek damages and agree to hold PeakMade Real Estate harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
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 the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
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 social media features with certain content, you may take such actions as are enabled by such features. You must not:
Modify copies of any materials from this site. 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 site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud; Acts that may materially and adversely affect the quality of other users’ experience; Actual or attempted unauthorized use or sabotage of any computers, machines or networks; Introducing malicious programs into PeakMade Real Estate’s Website, network or servers (e.g. viruses, worms, Trojan horses, etc.); Engaging in any monitoring or interception of data not intended for you without authorization; Attempting to circumvent authentication or security of any host, network, or account without authorization; Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; Adapt, modify or create derivative works based on the Website, technology underlying the Website, or other users’ content, in whole or part; Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by PeakMade Real Estate in writing; Using any method, software or program designed to collect identity information, authentication credentials, or other information; Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights; Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights; Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Falsifying user identification information; Using the Website for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or Impersonating any person or entity, including, but not limited to, a PeakMade Real Estate representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. PeakMade Real Estate enforces a zero-tolerance SPAM policy regarding information transmitted through our network. PeakMade Real Estate may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to PeakMade Real Estate or any URL (domain) that is hosted by PeakMade Real Estate. The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by PeakMade Real Estate. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message. You agree not to use the Services for the purpose of recruiting for another website or service that offers competing functionality to the Services.
Right to Restrict or Terminate Access PeakMade Real Estate may deny or restrict your access to all or part of the Website without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that PeakMade Real Estate in its reasonable discretion believes violates the letter or spirit of any of these Terms. If PeakMade Real Estate denies or restricts your access to the Website because of such a violation, you shall have no right to obtain any refund or credit for any subscription fees you have paid.
In the event that these Terms or the Website are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Website and any license granted to you under any agreement related to your use of the Website shall immediately terminate. Upon termination, PeakMade Real Estate reserves the right to delete all of your content, data, and other information stored on PeakMade Real Estate’s servers. PeakMade Real Estate will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by PeakMade Real Estate pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, PeakMade Real Estate will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms by terminating your use of the Website and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Website. Termination of these Terms or the Website does not relieve you from your obligation to pay PeakMade Real Estate any amounts owed to PeakMade Real Estate.
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.
Press Releases Any information contained in a press release issued by the Company and its affiliates should not be deemed accurate or current except on the date the release was posted. We have no intention of updating, and disclaim any duty to update, information contained in press releases.
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.
Linking to the Website and Social Media Features You may link to our homepage, provided you do so in a way that is fair and legal and does not portray PeakMade Real Estate or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manor. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website. Send e-mails or other communications with certain content, or links to certain content, on this Website. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. Link to any part of the Website other than the homepage. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
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.
Geographic Restrictions The owner of the Website is based 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.
Fair Housing Statement PeakMade Real Estate is committed to compliance with all federal, state, and local fair housing laws. We will not discriminate against any person because of race, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable law. We will allow any reasonable accommodation or modification based upon a disability-related need. The person requesting any reasonable modification may be responsible for related expenses in accordance with applicable law.
Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that 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 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 OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES 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, 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 OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, 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.
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. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law.
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 OR OUR PRODUCTS 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, our Privacy Policy and any other terms we provide to you regarding the Website and our products constitute the sole and entire agreement between you and PeakMade Real Estate with respect thereto 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 PeakMade Real Estate, located at 2970 Clairmont Road NE, Suite 310, Atlanta, Georgia 30329.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: marketing@peakmade.com
Any questions or concerns related to privacy and your personal data should be directed to: privacy@peakmade.com
