Terms of Service

Last Updated: 06/29/2022

This Terms of Service Agreement (“Terms of Service”), including any policies, rules and other terms, including the Privacy Policy that are expressly incorporated herein by reference (collectively, the “Agreements”), set forth a legally binding agreement between you and Venterra Realty Management Company, its subsidiaries, and affiliated companies (collectively, “Venterra”, “we”, or “us”). These Terms of Service govern your use of Venterra’s websites, https://venterraliving.com, https://online.venterraliving.com and https://venterra.com, and any other websites or mobile applications that Venterra may develop in the future (collectively the “Websites”), and any Content (as defined below), functionality or services made available on or through the Websites (collectively, the “Services”). Please read these Terms of Service carefully before using the Websites or any of the Services.

Updates to this Agreement
Changes to the Websites
Age Requirements
Restrictions on Use
User Representations and Warranties
Intellectual Property Rights
Secure User Accounts
Third Party Content
Links to Third Party Websites
Social Media Pages
Notice of Copyright Infringement
Other Policies and Terms
Termination
Disclaimer of Warranty
Limitation of Liability
Indemnity
Consent to Communication
Effect of Invalidity
Waivers
Choice of Law
Severability
No Third-Party Beneficiaries
Assignment
Miscellaneous
Accessibility and Feedback
Contact
Change Log

Updates to this Agreement

We may revise or otherwise change or update this Agreement. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Websites. Your continued use of the Websites will signify your continued agreement to this Agreement as it may be revised from time to time.

Changes to the Websites

We will not be liable if, for any reason, all or part of the Websites or the Services is unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites or the Services, or any part thereof, with or without notice. We undertake no obligation to update, amend, or clarify information on the Websites or the Services, except as required by law or otherwise set forth under the Agreements. No specified update or refresh date applied on the Websites should be taken to indicate that all information on the Websites or the Services has been modified or updated. Please remember when reviewing information on the Websites or the Services that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Websites or the Services to become inaccurate or incomplete. On occasion, information on the Websites or the Services may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information.

Age Requirements

This Websites are intended for use only by persons over the age of 13. We do not seek to collect information about children under the age of 13, and we will not knowingly do so. If you are under the age of 13, please do not use or access the Websites. By using the Websites, you affirm that you are over the age of 13.

Restrictions on Use

While using the Websites, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Websites for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Websites or any other user’s use of the Websites. In addition, we expect users of the Websites to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
Reproduce, duplicate, or copy any portion of the Websites, except as authorized by this Agreement;
Sell, resell, or otherwise exploit for any commercial purposes any portion of the use of or access to the Websites without the prior written consent of Venterra;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Websites, or express or imply that we endorse any statement you make;
Remove any copyright, trademark, or other proprietary rights notice from the Websites or materials originating from the Websites;
Violate or attempt to violate the security of the Websites;
Disseminate on the Websites any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Websites or to collect any information from the Websites or any other user of the Websites; or
Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Websites.

User Representations and Warranties

By accessing or using the Websites and/or the Services, you agree to, acknowledge, and represent and warrant as follows:

You will comply with all applicable federal, state or local laws in using the Websites and/or the Services, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law.
You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.
You will not infringe on any intellectual property rights belonging to us, our affiliated companies, or any third party including, but not limited to, copyrights, trademarks, service marks, trade names, logos, devices, signs, and associated goodwill, right of publicity, rights in inventions and discoveries, patents, underlying software including object code and source code, utility models, rights in designs, rights in confidential information and know-how subsisting anywhere in the world, whether registered or not (collectively “ Intellectual Property”), or violate any other rights held by us or any third party.

Intellectual Property Rights

When accessing and using the Websites and/or the Services, you agree to obey the law and to respect the Intellectual Property of others. You agree that you shall be solely responsible for any violations of any relevant laws.

As between you and us, all content on the Websites and the Services, including text, trademarks, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, software including source code, and any other digital media (collectively “Content”), is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights, including but not limited to rights of publicity. In addition, the entire Content of the Websites is protected by copyright as a collective work under United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such Content. You acknowledge and agree that we have the complete unfettered right to determine the layout and design of our Websites and/or Services.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Websites and/or the Services are the property of their respective owners, including, in some instances, us and/or our partner companies. Except as expressly provided under the Terms of Service, nothing contained on the Websites or the Services, by implication or otherwise, grants a license or right to use any of the Trademarks or copyrights owned by us or by any third party.

You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) do not copy or post such Content on any networked computer or broadcast it in any media, (c) make no modifications to the Content, and (d) do not make any additional representations or warranties relating to the Content on behalf of Venterra.

Except as expressly provided in the Agreements, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any Content or material from the Websites or the Services without express written consent from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Websites and/or the Services. Any rights not expressly granted herein are reserved.

You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, or remove at any time, for any reason in our sole discretion, any material, Content, and/or activity anywhere on the Websites or the Services. In the event you post or provide Content in violation of these Terms of Service or to which you do not have adequate rights, we may suspend or terminate your access to or use of the Websites or the Services. Notwithstanding this right, we do not and cannot review all materials submitted to the Websites or the Services. If notified, we will investigate an allegation that Content transmitted to us is in violation of these Terms of Service and determine whether to have the communication removed. However, we assume no responsibility or liability arising from or relating to any actions or Content transmitted by or between you or any third party within or outside of the Websites or the Services, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Secure User Accounts

Certain portions of our Websites are accessible only to users who have registered with the Websites through our Resident Login portal and obtained login credentials (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to Venterra.

You further agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the Websites.

Venterra reserves the right to take any and all action, as it deems necessary or reasonable, to maintain the security of the Websites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Third-Party Content

Any information, statements, opinions, or other Content provided by third parties and made available on our Websites are those of the respective author(s) and not Venterra. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any information, statement, opinion, or other Content on our Websites other than from an authorized Venterra representative acting in his or her official capacity. Under no circumstance will Venterra be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.

Links to Third-Party Websites

Links to Third Party Websites. We may provide links and pointers to websites, goods, and/or services maintained, owned, or controlled by others, including but not limited to social media platforms, and other third party websites and/or applications that are not affiliated with us (“Third-Party Websites”), that may be located in different countries and that may be subject to different regulatory and other legal requirements. We are not responsible for the Content or services offered on such Third-Party Websites, including, but not limited to, any advertising, KYC processing, order processing and fulfillment, or other terms related to such Third-Party Websites.

Access to Third-Party Websites through our Websites or the Services does not constitute an endorsement by us or any of our affiliates of any such Third-Party Websites, or the Content or services offered by them. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Venterra is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo, or copyright symbol of Venterra.

Changes to Third-Party Websites, may create a risk that your access to and use of our Website and Services will adversely affected. We have no responsibility or liability for independent policies or actions, errors or omissions of Third-Party Websites and are not responsible for the privacy practices of Third-Party Websites. Complaints, claims, concerns, or questions regarding Third-Party Websites should be directed to the applicable third party.

Venterra maintains a presence on social media websites, including, but not limited to Facebook, YouTube, and Instagram (collectively, “Social Media Pages”), to provide a place for the public to learn more about Venterra and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of Venterra. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Service. If we provide links to social media platforms, and if you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit, or otherwise make available on or through such social media platforms may be viewed by the general public. We do not control any Content or information made available on such social media platforms and we are not responsible for any third-party use of any such Content or information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available on such social media platforms. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Notice of Copyright Infringement

If you believe that any Content on the Websites infringes upon any copyright which you own or control, you may contact us.

Other Policies and Terms

This Agreement applies exclusively to your access to, and use of, the Websites and does not alter in any way the terms or conditions of any other agreement you may have with Venterra. Additional policies and terms may apply to use of all or portions of the Websites and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including Venterra’s Privacy Policy.

Termination

The Websites and this Agreement are in effect until terminated by Venterra. In addition to any right or remedy that may be available to Venterra under applicable law, Venterra may suspend, limit, or terminate all or a portion of your access to the Websites or any of its features at any time with or without notice and with or without cause, including without limitation, if Venterra believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of the Websites is terminated pursuant to this Agreement, you will not attempt to use the Websites under any name, real or assumed. You further agree that if you violate this restriction after your use of the Websites is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Disclaimer of Warranty

Venterra does not guarantee, represent, or warrant that your use of the Websites will be uninterrupted and you agree that from time to time Venterra may suspend a Websites for indefinite periods of time for technical maintenance, upgrades, or other reasons.

VENTERRA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITES OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, VENTERRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Limitation of Liability

VENTERRA AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITES, THE WEBSITES CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold harmless Venterra and its directors, officers, employees, agents, and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the Websites; or (c) unsolicited information you provide to Venterra through the Websites.

If you provide us with a telephone number, address, or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address, or email address to contact you.

When you use the Websites or send emails to Venterra, you are communicating with Venterra electronically. You consent to receive electronically any communications related to your use of the Websites. We may communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Venterra intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Websites.

Effect of Invalidity

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.

Waivers

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Choice of Law

You agree that any dispute in connection with the Websites, this Agreement, or the Privacy Policy will be governed by the laws of the Texas. You also consent to the adjudication of any disputes arising in connection with the Websites in courts located in the Texas.

Severability

If any provision of the Agreements shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreements and shall not affect the validity and enforceability of any remaining provisions.

No Third-Party Beneficiaries

There shall be no third-party beneficiaries to the Agreements.

Assignment

We may assign our rights and duties under these Terms of Service to any party at any time without notice to you and without your express consent. You may not assign any of your rights or delegate any of your obligations under the Agreements without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under the Agreements.

Miscellaneous

The division of the Agreements into sections and the headings of the various sections in the Agreements are for convenience of reference only and shall not affect the construction or interpretation of the Agreements. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the Agreements. Our failure to insist upon or enforce strict performance of any provision of the Agreements shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of the Agreements.

These Terms of Service, together with our Privacy Policy and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede any agreements previously existing between the parties with respect to such subject matter.

Any provision of the Agreements that contemplates performance subsequent to any expiration or termination of the Agreements, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of the Agreements and continue in full force and effect.

For purposes of the Agreements, the words and phrases “include,” “includes”, “including” and “such as” are deemed to be followed by the words “including, but not limited to”.

Accessibility and Feedback

We are committed to helping those with disabilities access the Websites and/or Services. We strive to provide an excellent online experience for all our guests – including those with sight, hearing, and other disabilities. If you have difficulty using or accessing any element of the Websites or the Services or if you have any feedback regarding accessibility of the Websites or the Services (“Feedback”), please feel free to contact us.

We may use the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion.

Contact

If you have questions about this Agreement, or if you have technical questions about the operation of the Websites, please contact us.

Change log

Jun 29th, 2022
- Published First Revision

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