Terms of Use

1. The Website

1.1       The Site is provided solely for information purposes. CIP may modify or change the Terms of Use at any time by posting notice of such change on the Site. Your continued use of the Site after the effective date of such notice will constitute acknowledgment and acceptance of the revised Terms of Use.

1.2       CIP has the right, at its sole discretion, to remove any content from the Site including, but not limited to, content submitted by a User.

1.3   CIP uses Yardi as our property management software and provides their technology platform and services including but not limited to the website, mobile applications, user accounts, etc. To learn more about Yardi’s Terms of Services, please visit https://resources.yardi.com/legal/rentcafe/rentcafe-portal/rentcafe-terms-of-service/.

2. Social Media

2.1       Where applicable, all Terms of Use herein relate, in addition to the Site, to any social media site in which CIP maintains a page, profile, or network (“Social Media Sites”).

2.2       CIP welcomes comments on CIP Social Media Sites, including, but not limited to, the social networks of any of our apartment communities. CIP encourages you to join in conversations with open, honest and respectful comments using your real name, identity and email address.
 

2.3       CIP prohibits, at its sole discretion, certain content on its Social Media Sites including, but not limited to: conducting or forwarding surveys; discussing, inviting, or recruiting others to participate in social justice or political causes; discussing, inviting, or recruiting others to prepare for or participate in criminal or civil litigation; solicitation by realtors; any content meant to damage the reputation of CIP or other residents in the community; and any content CIP determines is in conflict of interest with its business dealings.

2.4       User agrees to hold CIP harmless and CIP disclaims all liability relating to content created by Users on CIP’s social media sites. This includes, but is not limited to: criminal activity that occurs within, or as a result of, content created by a user of the Social Media Sites; any problems related to the purchase or exchange of goods or money between Users that is initiated, or furthered, by contact on the Social Media sites; or any content that is otherwise unlawful, offensive, slanderous, harmful, threatening, objectionable, inaccurate, or violates any third-party copyrights or trademarks.

2.5       All comments on CIP Social Media Sites will be moderated and CIP has the right at its discretion to remove any content on its Social Media Sites that, in CIP’s judgment, does not comply with the Terms of Use, along with any content that CIP determines is otherwise unlawful, offensive, slanderous, harmful, threatening, objectionable, inaccurate, or violates any third-party copyrights or trademarks. CIP is not responsible for any delay or failure in removing such content. If you post content that CIP chooses to remove, you hereby consent to such removal, and consent to waive any claim against CIP.

2.6       CIP will disclose user information to third parties on its social media sites, as required by law or in circumstances where CIP believes the comments indicate a situation that could be illegal, harmful or dangerous to others.

2.7       By posting comments or other material on CIP social media sites, you give CIP the permanent right to reproduce, publish, display and to use your comments for other purposes in any media form.

3. Privacy

3.1       Your use of the Site is subject to CIP’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

3.2       You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated into these Terms of Use, and agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by CIP and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.

4. Responsible Use

4.1       You are prohibited from using the Site to gain unauthorized access, directly or indirectly, to CIP’s computer systems or third party computer systems. You shall not interfere with another user's use or enjoyment of the Site.

4.2       If you create a user account on the Site, you are responsible for maintaining the accuracy of the contents in the account. You agree to maintain and update such content to keep it true, accurate, and complete at all times.

4.3       You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CIP is not responsible for third party access to your account that results from theft or misappropriation of your account. CIP reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

5. Intellectual Property/Copyright

5.1       All content and materials available on the Site, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of CIP, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by CIP.

6. Links to Third Party Sites/Third Party Services

6.1       The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CIP and CIP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

6.2       Linked Sites are publicly available and CIP is providing access to such websites through the Site solely as a convenience to you. Because CIP has no control over Linked Sites and resources, you acknowledge and agree that CIP is not responsible for the availability of such external sites or resources. CIP is providing these Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by CIP, of the site or any association with its operators. CIP does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CIP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand and agree that you will use or rely on Linked Sites solely at your own risk and that CIP does not grant to you any rights in respect of such Linked Sites.

6.3       Certain services made available via The Site are delivered by third party sites and organizations. By using any product, service or functionality originating from The Site, you hereby acknowledge and consent that CIP may share such information and data with any third party with whom CIP may have contractual relationship to provide the requested product, service or functionality on behalf of CIP users and customers.
 

7. Governing Law

7.1       These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Nebraska without regard to choice of law or conflicts of law.  Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use the Site, or the Social Media Sites, shall be brought in a federal or state court located in Lancaster County, Nebraska. You hereby waive any objection to the exclusive jurisdiction of such courts.
 

8. Waiver

8.1       The failure of CIP to insist upon strict adherence to any term of the Terms of Use herein on any occasion shall not be considered a waiver and shall not deprive CIP of the right thereafter to insist upon strict adherence to that term or to any other term of these Terms of Use.
 

9. Severability

9.1       Whenever possible, each provision of the Terms of Use will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or any other jurisdiction, but these Terms of Use will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provision had never been contained herein.
 

10. Disclaimer of Warranties

10.1     The information, software, products, and services included on this Site, including Third Party Information, Linked Sites, leasing information, floor plans, local news, video content, and other resources, may include inaccuracies, out-of-date information, and/or typographical errors. Any advice or other information you receive via this Site should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice.

10.2     CIP makes no representations or warranties about the suitability, reliability, timeliness, availability, security, performance, condition, or accuracy of any information, Software, products, content, services, Third Party Information, or related graphics contained on this Site for any purpose. All such information, Software, products, services, Third Party Information, and related graphics are provided "AS IS" and "AS AVAILABLE" without warranty of any kind.

10.3     CIP hereby disclaims all warranties with regard to the information, software, products, services, third party Information, and related graphics on this Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement arising from a course of dealing, course of performance, or usage.
 

11. Limitation of Liability

11.1     You expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. CIP will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Site or any online resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
 

12. Indemnification

12.1     You agree to indemnify, defend and hold harmless CIP, its officers, directors, employees, and agents for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any provision of this Terms of Use, or your violation of any applicable laws, rules or regulations. CIP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CIP in asserting any available defenses.

CIP welcomes your questions or concerns regarding this Terms of Use. Please feel free to contact CIP at: [email protected]

Commercial Investment Properties, Co.
7211 S 27th St,
Lincoln, NE 68512
(402) 434-7368

Last Modified:  January 31, 2023