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TERMS OF SERVICE

OVERVIEW

This website is operated by Advantage Property Management Services (“APMS,” “we,” “us,” or “our”), a licensed California real estate brokerage. APMS offers this website at www.propertymanagementpleasanton.com and www.advantagepms.com, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, prospective tenants, prospective property owners, current clients, vendors, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or any services.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – WEBSITE USE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you have the consent of a parent or legal guardian to use this site.

You may not use our website or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable local, state, or federal laws, including but not limited to California civil rights laws, fair housing laws (including the Fair Employment and Housing Act (“FEHA”) and the Unruh Civil Rights Act), and copyright laws.

You must not transmit any worms, viruses, or code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by applicable California law.

You understand that your content (not including payment information) may be transferred over various networks and may be subject to changes to conform to the technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

Rental pricing estimates, market analysis data, and property availability information displayed on this site are provided for informational purposes only and are subject to change without notice. They do not constitute an offer to rent or a guarantee of availability or pricing.

This site may contain historical information provided for reference only. We reserve the right to modify the contents of this site at any time without obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATION TO SERVICES

Fees for our property management services are subject to change. Any changes to fees for current clients will be governed by the terms of your signed management agreement.

We reserve the right at any time to modify or discontinue any feature or content of this website without notice.

We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any website feature or service.

SECTION 5 – PROPERTY MANAGEMENT SERVICES

Information on this website describes the general scope of services provided by APMS. Specific services, responsibilities, and compensation are governed exclusively by your executed Property Management Agreement. Nothing on this website constitutes a binding service agreement.

Services described on this site are available only in the geographic areas served by APMS, primarily the Tri-Valley region of Alameda and Contra Costa Counties, California. We reserve the right to limit or decline services to any person or property at our sole discretion, consistent with applicable California law.

We do not warrant that the results obtained from any market analysis, rental pricing estimate, or other service will meet your expectations, or that any errors in the Service will be corrected in a specific timeframe.

SECTION 6 – ACCURACY OF ACCOUNT INFORMATION

If you create an account or submit inquiries through our website, portals, or online applications, you agree to provide current, complete, and accurate information. You agree to promptly update your information, including your email address and contact details, so that we can communicate with you as needed.

We reserve the right to refuse, suspend, or terminate access to any account or portal if we determine, in our sole judgment, that false, misleading, or incomplete information has been provided.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide you with access to third-party tools and services (such as tenant portals, owner portals, online applications, and maintenance request platforms) over which we neither monitor nor have control nor input beyond standard configuration.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional third-party tools is entirely at your own risk. You should review the terms and privacy policies of any third-party platform before providing personal information.

SECTION 8 – THIRD-PARTY LINKS

Certain content and services available via our website may include links to third-party websites. Third-party links on this site may direct you to websites not affiliated with APMS. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability for any third-party materials, websites, products, or services.

We are not liable for any harm or damages related to the use of goods, services, resources, or content obtained through any third-party websites. Please review carefully the third party’s policies and practices before engaging in any transaction.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send us creative ideas, suggestions, proposals, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, use, edit, copy, publish, and distribute any Comments you forward to us. We are under no obligation to (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, discriminatory under FEHA or the Unruh Civil Rights Act, or otherwise objectionable.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You are solely responsible for any Comments you make and their accuracy.

SECTION 10 – PERSONAL INFORMATION AND PRIVACY

Your submission of personal information through this website is governed by our Privacy Policy, available at www.propertymanagementpleasanton.com/privacy-policy and www.advantagepms.com/privacy-policy, and by applicable California law including the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”).

California residents have specific rights regarding their personal information, including the right to know, the right to delete, the right to correct, and the right to opt out of the sale or sharing of personal information. See our Privacy Policy for full details on how to exercise these rights.

We do not sell personal information to third parties. We do not share SMS consent data with third parties for marketing purposes.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, or promotions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:

  • For any unlawful purpose or to solicit others to perform or participate in any unlawful acts
  • To violate any applicable international, federal, state, or local regulations, rules, laws, or ordinances, including California fair housing laws
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on any protected characteristic under California law, including but not limited to: gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, marital status, or source of income
  • To submit false or misleading information, including false rental applications
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others without consent
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • To interfere with or circumvent the security features of the Service or any related website

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service is provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied.

In no case shall Advantage Property Management Services, its broker, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, loss of data, or replacement costs, arising from your use of the Service.

Nothing in these Terms limits liability for (a) gross negligence or willful misconduct, (b) fraud or fraudulent misrepresentation, or (c) any liability that cannot be excluded or limited under California law, including under California Civil Code § 1668. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Advantage Property Management Services, its broker, parent entities, subsidiaries, affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

(a) your breach of these Terms of Service; (b) your violation of any law or the rights of a third party; or (c) any content you submit, post, or transmit through our website.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable under applicable California law, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 – ENTIRE AGREEMENT

The failure of APMS to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding use of this website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Note: Your use of APMS property management services, if applicable, is governed by a separate executed Property Management Agreement, which supersedes these Terms with respect to management services.

SECTION 18 – GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Alameda County, California, and the parties hereby consent to the personal jurisdiction and venue of such courts.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at www.propertymanagementpleasanton.com/terms-of-service.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – SMS COMMUNICATIONS

By submitting a form on our website that includes a mobile phone number and a required, non-preselected checkbox consenting to SMS communication, you agree to receive recurring SMS messages from Advantage Property Management Services. These messages may include, but are not limited to:

  • Leasing inquiries and follow-ups
  • Maintenance updates and service notifications
  • Account-related notifications and appointment reminders
  • General property management communications Message frequency varies.

You can opt out of SMS communications at any time by replying STOP to any message. After you send “STOP,” you will receive a confirmation message and will no longer receive SMS messages from us unless you opt in again. For assistance, reply HELP or contact us at the address in Section 23.

Message and data rates may apply. Consent to receive SMS messages is not a condition of receiving property management services or entering into any lease or management agreement.

We do not share SMS opt-in consent or phone numbers with third parties for marketing purposes.

For more information on how your data is handled, please review our Privacy Policy at www.propertymanagementpleasanton.com/privacy-policy.

SECTION 21 – CALIFORNIA CONSUMER PRIVACY ACT (CCPA/CPRA) NOTICE

Advantage Property Management Services collects personal information as described in our Privacy Policy. As a California resident, you have the following rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA):

  • Right to Know: You may request disclosure of the categories and specific pieces of personal information we have collected about you.
  • Right to Delete: You may request deletion of your personal information, subject to certain exceptions.
  • Right to Correct: You may request correction of inaccurate personal information we hold about you.
  • Right to Opt-Out: You may opt out of the sale or sharing of your personal information. APMS does not sell personal information.
  • Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA/CPRA rights.

To submit a privacy request, contact us at the address in Section 23. We will respond within 45 days as required by law.

SECTION 22 – CALIFORNIA DRE DISCLOSURE

Advantage Property Management Services operates under the California Department of Real Estate (DRE).

Broker of Record: Complete Business Intermediaries, Inc.

CA DRE Broker License No.: 01764298

Nothing on this website constitutes legal, financial, or investment advice. Users are encouraged to consult qualified professionals regarding their specific circumstances. Information provided on this website is for general informational purposes only and does not establish an agency, brokerage, or professional relationship.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be directed to us at:

Advantage Property Management Services
415 Boulder Court, Suite 300
Pleasanton, CA 94566
Phone: (925) 273-9865
Email: info@advantagepms.com
Website: www.propertymanagementpleasanton.com | www.advantagepms.com