Vivmark Residential Terms of Use

Effective Date: August 20, 2026

These Terms of Use are entered into by you and Vivmark Residential, its subsidiaries, affiliates, and related entities (collectively, “Vivmark,” “we,” “our,” or “us”). These Terms of Use, together with any documents or policies expressly incorporated by reference (collectively, these “Terms”), govern your access to and use of any website, including www.equityapartments.com; mobile application (“Mobile App”); online portal; software; digital service; content; functionality; other platforms through which we offer our services, including applying to residential units; and other services offered by or through Vivmark that link to or post these Terms (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, LIMIT VIVMARK’S LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY VIVMARK IN CERTAIN CIRCUMSTANCES, WAIVE YOUR RIGHT TO A JURY TRIAL, REQUIRE DISPUTES TO BE RESOLVED ON AN INDIVIDUAL NON-CLASS BASIS, AND REQUIRE CERTAIN DISPUTES TO BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT. PLEASE SEE SECTIONS 17-21.

By accessing or using the Service, you accept and agree to be bound by these Terms and by Vivmark’s privacy notices and policies, as applicable and as posted on the Service. If you do not agree to these Terms, you must not access or use the Service.

The Service is intended for users who are at least eighteen (18) years old or the age of majority in their jurisdiction, whichever is older. By using the Service, you represent and warrant that you satisfy these eligibility requirements and will comply with these Terms and all applicable laws.

Contents

1. Additional Terms

Certain features, services, promotions, transactions, resident portals, payment services, mobile applications, third-party integrations, or other portions of the Service may be subject to additional terms, rules, guidelines, disclosures, or agreements posted on or made available through the Service (collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control only with respect to the specific feature, service, promotion, transaction, or offering to which they apply, unless the Additional Terms expressly state otherwise.

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2. Changes to these Terms

Vivmark may revise and update these Terms from time to time in its sole discretion by posting updated Terms on the Service and identifying the effective date of the updated version. Changes are effective when posted unless a different effective date is stated. Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.

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3. Account Creation; Accessing the Service

If you create an account or provide information through the Service, you agree that all information you provide is true, accurate, current, and complete, and you will promptly update such information as needed. You are responsible for maintaining the confidentiality of your username, password, multifactor credentials, and other account authentication information. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You may not sell, assign, rent, lease, share, or otherwise transfer your account or credentials, and you may not create more than one individual account unless Vivmark expressly authorizes you to do so.

You are solely responsible for your registration information and for updating and maintaining it. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

Vivmark may withdraw, modify, suspend, restrict, or discontinue all or any part of the Service, including any content, feature, functionality, portal, account, or application, at any time and without notice or liability. Vivmark may restrict access to some or all portions of the Service for any reason, including maintenance, security, operational needs, suspected misuse, or violation of these Terms.

You are responsible for making all arrangements necessary for you to access the Service and for ensuring that all persons who access the Service through your device, network, credentials, or account are aware of and comply with these Terms. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Service or to receive any communications from Company.

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4. Account Security; Suspension and Termination

You agree to notify Vivmark promptly of any unauthorized access to or use of your account, credentials, or any other security breach. You are responsible for all activity that occurs under your account until you notify Vivmark that your account or credentials have been compromised or request cancellation of your account.

Vivmark may disable, suspend, terminate, or restrict your account or access to the Service at any time, with or without notice, if Vivmark determines or reasonably believes in its sole discretion that you have breached these Terms; violated applicable law, rule, or regulation; created risk to Vivmark or others; engaged in other inappropriate conduct; or for any other lawful business reason. Upon suspension or termination of your access to the Service or upon notice from Company, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.

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5. Intellectual Property Rights; Limited License

The Service and all content, functionality, features, information, text, software, advertising and promotional materials, displays, images, photographs, illustrations, videos, audio, floor plans, maps, graphics, designs, data, user interfaces, compilations, trademarks, logos, trade names, service marks, and the selection, coordination, arrangement, and overall look and feel of the Service (collectively, “Content”) are owned by Vivmark, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, unfair competition, and other intellectual property and proprietary rights laws.

Subject to your compliance with these Terms and any applicable Additional Terms, Vivmark grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and to download temporary cache copies and print reasonable copies of pages from the Service solely for your personal, non-commercial use. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by applicable Additional Terms for such applications.

Subject to any applicable Additional Terms, if the Service includes a "Send to Friend," social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes Content, or to post our Content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negatively on us, and only send to recipients you have permission to contact.

This license does not transfer any ownership or other intellectual property interest to you and may be suspended or terminated at any time in Vivmark’s sole discretion.

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6. Accuracy and Availability

While Vivmark strives to keep Content accurate, complete, and current, Vivmark does not guarantee, represent, or warrant that Content is accurate, complete, timely, current, or applicable to you. Content may contain typographical errors, inaccuracies, omissions, pricing or availability errors, or other errors. Vivmark reserves the right to correct errors, update Content, and change or discontinue any portion of the Service at any time without notice.

The Service may be unavailable from time to time for any reason, including for routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Vivmark, access to the Service may be interrupted or suspended from time to time.

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7. Your Use of the Service; Prohibited Conduct

Except as expressly permitted by these Terms or with Vivmark’s prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, scrape, data mine, monitor, copy, reverse engineer, or otherwise use any Content or portion of the Service for any commercial, political, automated, competitive, unlawful, or unauthorized purpose. You may not delete or alter any copyright, trademark, or other proprietary rights notices. You may not use the Service or Content in a manner that suggests an unauthorized association with Company or any other party, or is beyond the scope of the limited license granted to you.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service in any manner that violates applicable federal, state, local, or international law or regulation; infringes or violates any intellectual property, privacy, publicity, confidentiality, property, contractual, or other right of any person; or is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, abusive, hateful, discriminatory, exploitative, invasive of another’s privacy, or otherwise objectionable to Vivmark.

You also agree not to: (a) use any robot, spider, scraper, crawler, script, data-mining tool, automated device, manual process, or similar method to access, monitor, copy, scrape, or extract Content or information from the Service without Vivmark’s prior written consent; (b) interfere with, disrupt, damage, overburden, impair, attack, probe, scan, test, or circumvent the Service or its security, authentication, or access-control features; (c) introduce viruses, malware, trojan horses, logic bombs, worms, or other harmful code; (d) attempt to gain unauthorized access to accounts, servers, systems, networks, databases, or other restricted areas; (e) impersonate any person or entity or misrepresent your identity or affiliation; (f) solicit login credentials from others; (g) post or transmit spam, chain letters, junk mail, unauthorized advertising, or promotional materials; or (h) encourage, assist, or enable any violation of these Terms.

Any use of the Service or Content not expressly permitted by these Terms is a breach of these Terms and may violate applicable law and result in Company limiting your access or use of the Service. Company has no obligation to monitor your use of the Service.

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8. User-Generated Content and Submissions

The Service may permit you or others to submit, post, display, transmit, upload, provide, or otherwise make available reviews, comments, messages, photographs, videos, files, information, ideas, suggestions, feedback, materials, or other content (collectively, “User-Generated Content” or “UGC”). You are solely responsible for your UGC and for all activity that occurs under your account.

Except as otherwise expressly provided in applicable Additional Terms or Vivmark’s Privacy Notice, UGC you provide to Vivmark or through the Service will be deemed non-confidential and non-proprietary, regardless of any markings or statements to the contrary. Vivmark does not seek unsolicited ideas, concepts, inventions, designs, improvements, proposals, or materials for products, services, websites, applications, marketing, operations, or other business activities (“Unsolicited Ideas”). If you submit Unsolicited Ideas, they will be treated as UGC and licensed to Vivmark as set forth in these Terms.

You hereby grant Vivmark a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, sublicensable, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, modify, reformat, edit, adapt, index, cache, archive, store, digitize, compress, optimize, combine with other materials, and otherwise exploit all or any portion of your UGC, and derivative works thereof, for any purpose, in any format, medium, technology, or device now known or later developed, including for advertising, marketing, promotion, product or service development, analytics, moderation, accessibility, compliance, and operational purposes.

You also grant Vivmark the right to use and associate your name, username, persona, image, voice, likeness, and biographical information, to the extent included with or related to your UGC, in connection with any use of the UGC. Except as prohibited by law, you waive any moral rights, rights of attribution, rights of integrity, or similar rights you may have in your UGC. To the extent such rights cannot be waived, you agree not to exercise them in a manner that interferes with Vivmark’s exercise of the rights granted in these Terms. You understand that you will not receive compensation for rights granted in this Section.

Each time you submit UGC, you represent and warrant that: (a) you own or otherwise have all rights, consents, permissions, and authority necessary to submit the UGC and grant the rights described in these Terms; (b) the UGC is accurate to the extent it states facts; (c) the UGC does not violate applicable law or any third-party rights; and (d) the UGC does not violate these Terms or any applicable Additional Terms.

Vivmark may, but has no obligation to, review, monitor, display, post, store, maintain, accept, reject, edit, move, reformat, remove, disable access to, or refuse to use any UGC at any time and for any reason or no reason, without notice or liability. UGC need not be maintained on the Service for any period, and you may not have the right to access, archive, change, or remove UGC after submission.

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9. Privacy

Vivmark’s collection, use, disclosure, retention, and other handling of personal information is described in Vivmark’s Privacy Notice, as posted or made available through the Service. By using the Service, you acknowledge Vivmark’s privacy practices and consent to Vivmark’s actions with respect to your information as described in those notices and policies and as permitted by applicable law.

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10. Online Applications, Consents, Leases, Payments, and Other Transactions

The Service may allow you to electronically apply for or enter into transactions with Vivmark, including applications to lease an apartment, consents related to leasing or residency, lease agreements, renewals, payments related to an application or lease, resident-service requests, employment applications, vendor-related processes, and other transactions. Your use of the Service to make applications or enter into such transactions is voluntary. If you make an application or enter into a transaction through the Service, you consent to doing so electronically and to providing an electronic signature or electronic action acknowledging agreement in the form specified by the Service. You acknowledge that electronic consents, applications, agreements, signatures, acknowledgments, and transactions will be legally binding on you as if signed or completed on paper.

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11. Payment Terms

Vivmark may permit you to make payments through the Service. If you provide payment card, bank account, or other payment information to Vivmark or to a payment processor, you authorize the applicable charges, fees, deposits, rent, application payments, lease-related payments, or other amounts associated with your account or transaction, subject to applicable law and any applicable agreements.

You represent and warrant that all payment information you provide is true, correct, current, and complete, and that you are authorized to use the payment method. You agree to promptly update payment information if it changes, expires, is canceled, or becomes compromised. Vivmark or its payment processors may process authorization holds or other verification transactions to confirm payment information.

Payment transactions may be processed by third-party payment processors and may be subject to those processors’ terms, policies, fees, security procedures, and data practices. By making a payment through the Service, you agree to comply with the applicable payment processor terms and policies. If a payment processor is unable to secure funds, Vivmark may take further action to the extent permitted by law and applicable agreements, including applying fees, restricting or terminating access to an account, or pursuing collection activity. Vivmark is not responsible for unauthorized payments or payment-card activity outside Vivmark’s control. You agree to waive all claims against Vivmark, its affiliates, and the payment processor, related to any unauthorized payments made on your payment card outside of Vivmark's control, regardless of whether such payments are authorized or unauthorized.

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12. Third-Party Services, Links, Mobile Apps, Platforms, and Integrations

The Service may include links to, integrate with, or permit access through websites, platforms, applications, services, payment processors, access-control providers, communications providers, app stores, operating systems, mapping services, social media platforms, or other third-party services that Vivmark does not control (“Third-Party Services”). Vivmark is not responsible for the content, accuracy, availability, legality, privacy practices, security, policies, terms, products, services, or actions of any Third-Party Services. Your access to and use of Third-Party Services is at your own risk and is governed by the applicable third party’s terms and policies. The Service integrates with vendor platforms to provide certain services, including artificial intelligence services and through application programming interfaces (“APIs”) or other integrations with certain tools or services. When using the Service, you agree to comply with any and all third-party terms that are applicable to any Third-Party Services. You hereby waive any claim you might have against Vivmark with respect to these Third-Party Services. Vivmark is not responsible or otherwise liable for a third party's terms or policies, or for any actions taken under therein.

If you access or use the Service through a Mobile App or third-party platform, including Apple, Google, or any app marketplace or operating system, you acknowledge that the following Additional Terms are between you and Vivmark, not the platform provider:

Generally, the platform provider is not a party to these Terms and is not responsible for the Service or its Content, has no obligation to provide maintenance or support for the Service, and has no warranty obligations with respect to the Service except as required by applicable law. Platform providers and their subsidiaries may be third-party beneficiaries of these Terms to the extent required by their applicable terms.
To the extent that you are accessing the Service through an Apple or Android Mobile App, you acknowledge that these Terms are entered into between you and Vivmark and, that Apple, Inc. ("Apple") and/or Google LLC ("Google") is not a party to these Terms other than as third-party beneficiary as contemplated below.
The license granted to you by Vivmark under the Terms is limited, non-transferable, and subject to the permitted Usage Rules set forth in the Apple App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and/or the Google Play store Terms of Service (see: https://play.google.com/about/play -terms/) and any third-party terms of agreement applicable to the Service, including DOOR Systems, Inc.’s Terms of Service (see: https://door.com/policy/terms-of-service). The license is limited to use the Mobile App through the Apple App Store or Google Play Store, except that the Mobile App may be accessed and used by other accounts associated with you via a family group (as permitted by Apple or Google) or volume purchasing, as applicable.
Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and/or Google and Vivmark, Vivmark, and not Apple and/or Google, is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party's intellectual property rights, you will not hold Apple and/or Google responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
When using the Mobile App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Mobile App. You may not use the Mobile App on a device that has firmware or software configuration that has not been authorized by the device manufacturer (i.e., jailbroken) device.
To the extent any warranty regarding the Mobile App arises by law or has not been disclaimed under these Terms, Company, and not Apple, is solely responsible for such warranty. If you are a customer of the Service and if the Mobile App fails to conform to such warranty, you may notify Apple, and Apple will refund the purchase price (if any) paid for the license to the Mobile App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, loss, liabilities, damages, costs, or expenses attributable to any failure to conform to the warranty is Company’s sole responsibility.
If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

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13. Artificial Intelligence

Our Service may contain and/or use artificial intelligence (“AI”) technologies, such as chatbots and digital leasing and resident-services agents (collectively, “AI Technologies”) to improve, develop, and deliver the Service, included AI Technologies provided by our partners and vendors. These AI Technologies may include generative AI, machine learning, and related technologies provided by third parties. To the fullest extent permitted by applicable law, you acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any loss or damage of any sort caused or alleged to be caused by or in connection with the use of or reliance on any AI Technology. Moreover, you acknowledge and agree that we are not responsible for the accuracy or appropriateness of the outputs of such AI Technology. You understand that information, prompts, output, or suggestions provided by these AI Technologies or any materials retrieved therefrom, including from any third party, have not been reviewed for content or accuracy. AI Technologies may provide inaccurate or incorrect information so you are required to confirm the accuracy and appropriateness of any solutions offered by AI Technologies before use.

You understand and agree that: (a) AI Technologies use experimental, unsupervised technology and may sometimes provide inaccurate or offensive content that does not represent our views; (b) information provided to our AI Technologies may be used to continuously train our instance of the applicable AI Technology, but will not be used to train third-party instances of large language models; (c) confidential or proprietary information could be compromised if submitted to the AI Technologies and should not be submitted unless such use is permitted and appropriate for the specified purpose; (d) AI Technologies may at times reproduce copyrighted material used as training data in response to an inquiry, and care should be taken in copying and further distributing content created by any AI Technologies, such as ensuring that no copyright information appears on outputted work, and ensuring no other obvious signs show that the outputted work belongs to a third party; (e) if you use the AI Technologies, you assume all responsibilities and obligations with respect to the results, suggestions, prompts, output, and any materials from your interaction with the AI Technology (including those from any third party) for the content, accuracy, and review of such results and you should therefore use discretion before relying on, publishing, or otherwise using content provided by the AI Technologies; and (f) you will not rely on AI Technologies for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional.

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14. Text Messages

Vivmark may offer text message, email, push notification, or other electronic communications programs. For more information about our texting program, please visit our Text Program Terms and Conditions, which are incorporated by reference.

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15. Location-Based Features

If GPS, geolocation, Bluetooth, Wi-Fi, proximity, or other location-based features are enabled on your device or through the Service, your device location or proximity information may be collected, used, or shared as described in Vivmark’s Privacy Notice. Location-based services may be unavailable, inaccurate, interrupted, or incomplete and should not be relied upon in situations where failure or inaccuracy could result in death, personal injury, or property damage. You may be able to disable some location features through device or Mobile App settings, but some network or proximity information may still be collected depending on technology and settings.

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16. Notice of Infringement; DMCA Policy

When using the Service, you must respect the intellectual property rights of others. We respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In our sole discretion, we may remove or disable access to material that we believe may infringe another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, we may terminate, in appropriate circumstances, users who are repeat infringers.

If you are a copyright owner or authorized agent and believe that material available through the Service infringes your copyright, you may send Vivmark a written DMCA notice that includes: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed, or a representative list of works if multiple works are covered; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit Vivmark to locate the material, including the URL or other location where the material appears; (d) contact information for the reporting person, including name, address, telephone number, and email address; (e) a statement that the reporting person has a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that the reporting person is authorized to act on behalf of the copyright owner (a “DMCA Notice”).

DMCA Notices should be sent to:

For legacy AvalonBay: Vivmark, Attn: Legal Department – DMCA Notice, 4040 Wilson Blvd., Suite 1000, Arlington, VA 22203; or by email to [email protected].
For legacy Equity Residential: Vivmark, Attn: Legal Department – DMCA Notice, Two North Riverside Plaza, Suite 400, Chicago, IL 60606; or by email to [email protected].

DMCA Notices that do not substantially comply with statutory requirements may not be effective. Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

If we remove or disable access in response to a DMCA Notice, we will make a good-faith attempt to contact the owner or administrator of the affected website or material so that they may make a counter-notification. It is often difficult to determine if your copyright has been infringed. We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

We may send the information that you provide in your DMCA Notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA counter-notification.

If material you submitted was removed or disabled in response to a DMCA Notice and you believe removal or disabling was caused by mistake or misidentification, you may send Vivmark a counter-notice containing: (a) your physical or electronic signature; (b) identification of the material removed or disabled and the location where it appeared before removal or disabling, including the URL as applicable; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled because of mistake or misidentification; (d) your name, address, telephone number, and email address; and (e) a statement that you consent to the jurisdiction of the federal district court for your judicial district, or if outside the United States, to a federal district court designated by Vivmark, and will accept service of process from the party who submitted the DMCA Notice or that party’s agent (“DMCA Counter-Notice”). Vivmark may forward DMCA Counter-Notices to the original complaining party and may restore the material in accordance with the DMCA.

If we receive a DMCA Counter-Notice, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notice. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material.

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17. Disclaimer of Warranties

Except as may be expressly set forth otherwise in a written agreement between you and Vivmark or a Vivmark affiliate, Vivmark has no special relationship with or fiduciary duty to you.

YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE AND ALL CONTENT ON IT IS PROVIDED ON AN "AS IS," "AS AVAILABLE," BASIS "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES OR INACCURACIES OF MATERIALS OR THIRD-PARTY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OTHER MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) 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 SERVICE OR ANY FEATURES, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR OTHER PLATFORM LINKED TO IT; AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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18. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT VIVMARK IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES OR DAMAGES DUE TO INDIRECT OR DIRECT LOST PROFITS), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH, OR OTHERWISE ARISING OUT OF THE USE OF, THE SERVICE, EVEN IF VIVMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, SERVICE, CONTENT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY VIVMARK.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. In no event will Vivmark’s aggregate liability for any and all claims related to the Service exceed $100 US or the amount you paid to Vivmark, if any, in the last 12 months, whichever is greater.

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19. Indemnification

You agree to defend, indemnify, and hold harmless Vivmark and its subsidiaries, affiliates, officers, directors, trustees, employees, agents, licensors, service providers, successors, and assigns from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) your access to or use of the Service; (b) your UGC; (c) your breach or alleged breach of these Terms or any Additional Terms; (d) your violation of applicable laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your negligence, misconduct, or misrepresentation; (f) your violation of any third-party right, including intellectual property, publicity, privacy, confidentiality, property, or contractual rights; or (g) a claim that your use of the Service or Content infringes or misappropriates the rights of any third party.

Vivmark reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with Vivmark in the defense of any claim. You may not settle any claim subject to indemnification without Vivmark’s prior written consent.

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20. Investigations, Enforcement, Law Enforcement Cooperation, Termination, and Survival

Vivmark reserves the right, without limitation and to the extent permitted by applicable law, to investigate suspected violations of these Terms, security incidents, unauthorized access, misuse of the Service, suspected infringement, or other unlawful or inappropriate activity. Vivmark may use and disclose information obtained in connection with such investigations as permitted by applicable law and Vivmark’s privacy notices, including to comply with legal process, cooperate with law enforcement or regulatory authorities, protect Vivmark’s rights, protect users or third parties, and enforce these Terms.

Vivmark may suspend, restrict, or terminate your access to the Service, in whole or in part, including any user account, registration, or credentials, at any time, with or without notice, for any reason or no reason, and without liability. Upon suspension or termination, all rights granted to you under these Terms will immediately cease, and you must immediately discontinue use of the Service.

Any provisions of these Terms that by their nature should survive termination will survive, including intellectual property rights, UGC licenses, disclaimers, limitations of liability, indemnities, dispute resolution provisions, governing law, class action waiver, jury waiver, and general provisions.

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21. Governing Law; Dispute Resolution

These Terms and any dispute, claim, action, allegation, or controversy arising out of or relating to the Service, Content, UGC, these Terms, any Additional Terms, or any communications or transactions through the Service, including as relates to our service providers (collectively, a “Dispute”) will be governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration provisions below. You acknowledge and agree that Entrust Corporation (and its affiliates and subsidiaries) is an intended third-party beneficiary of the mandatory arbitration and class action waiver provisions of these Terms of Use, and is entitled to enforce those provisions.

For clarity, if you and Company enter into a written agreement other than the Terms or Additional Terms (for example, a lease agreement for an apartment), the other agreement shall govern any disputes relating to such other written agreement.

(a) Informal Dispute Resolution

Before initiating arbitration or a court proceeding, you and Vivmark agree to try to resolve any Dispute informally. The party asserting a Dispute must send written notice to the other party describing the Dispute and the requested relief. Your notice to Vivmark must be sent to: (i) for legacy AvalonBay: Vivmark, Attn: Legal Department – Notice of Dispute, 4040 Wilson Blvd., Suite 1000, Arlington, VA 22203; or (ii) for legacy Equity Residential Residential: Vivmark, Attn: Legal Department – DMCA Notice, Two North Riverside Plaza, Suite 400, Chicago, IL 60606. Vivmark’s notice to you will be sent to the most recent contact information you provided, if any. For sixty (60) days after receipt of the notice, the parties will engage in good-faith discussions to attempt to resolve the Dispute, although neither party is required to agree to a resolution. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or Company may commence a lawsuit or arbitration, as set forth below.

(b) Website Technology Disputes

If we cannot resolve a Dispute through informal dispute resolution, as set forth in Section 21(a) above, then either you or we may commence a lawsuit for any Dispute related to an invasion of privacy allegation or other controversy, allegation, or claim involving technologies, including cookies and pixels, on Company’s: (1) websites; (2) Mobile Apps; and (3) other online products, services, features, tools, and applications (each, a “Technology Dispute”). Technology Disputes may be resolved only through litigation in a court of competent jurisdiction and shall not be subject to arbitration.

(c) Binding Arbitration; Opt-Out

If we cannot resolve a Dispute through informal dispute resolution, as set forth in Section 21(a) above, if such Dispute is not a Technology Dispute, and unless you provide us notice of opt-out within five (5) business days of your first use of the Service, addressed to: [email protected] or [email protected], then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND US (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING BUT NOT LIMITED TO FRAUD, ANY OTHER INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY, OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE USE OR PROVISION OF THIS SERVICE. The Federal Arbitration Act ("FAA"), and not state law, shall govern the arbitrability of all Disputes between us and you regarding these Terms and the Service. Disputes will be resolved solely by binding arbitration administered by the American Arbitration Association (“AAA”). If you are using the Service or entering into these Terms primarily for personal, family, or household purposes, the arbitration will be administered in accordance with the AAA’s then-current Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules. If you are using the Service or entering into these Terms for business, commercial, professional, or other non-personal purposes, the arbitration will be administered in accordance with the then-current AAA Commercial Arbitration Rules. If a party properly submits a Dispute to the AAA for formal arbitration and the AAA is unwilling to hold a hearing, then either party may elect to have the arbitration administered by the Judicial Arbitration and Mediation Services, Inc. ("JAMS") using JAMS' streamlined Arbitration Rules and Procedures in accordance with Virginia's civil rules governing discovery. If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by AAA or JAMS (depending on the arbitral forum). The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors, and other professional advisers. The fact that there is a Dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator will apply applicable law and the provisions of these Terms, will be bound by these Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. This arbitration provision shall survive termination of these Terms or the Service. Prior to appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, either party may, at any time, seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Arlington County, Virginia or, if sought by Vivmark, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the Dispute or controversy under this Section. The losing party to the arbitration shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to a court of competent jurisdiction in Arlington County, Virginia or, in the case of you, such other court having jurisdiction over you, which may be made ex-parte, for confirmation and enforcement of the award.

(d) Injunctive Relief

The foregoing provisions of this Section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost or damage (or any potential loss, cost or damage) relating to any Dispute and/or our rights, our operations, and/or our products or services. Further, as permitted by applicable law, alleged losses, damages, or injuries claimed in connection with your use of the Service will not be deemed irreparable or sufficient to entitle you to an injunction or other equitable relief. Thus, without limitation, you agree that you will not seek (and you will not be permitted to obtain) any relief in any court or other legal proceeding that may interfere with or prevent the development or exploitation of any website, application, Content, UGC, product, service, or intellectual property owned, licensed, used, or controlled by Vivmark or by a licensor of Vivmark.

Notwithstanding anything to the contrary herein, including but not limited to the obligations in the above Section 21(c), you or Vivmark may bring suit to seek an injunction, a declaratory judgment or other equitable relief arising out of, or relating to, claims concerning the validity or enforcement of your or our intellectual property rights or any act affecting the accessibility, functionality, or security of the Service.

(e) Class Action Waiver; Jury Trial Waiver; Small Claims

To the fullest extent permitted by applicable law, you and Vivmark agree that Disputes will be resolved only on an individual basis without resort to any form of class action, collective action, or representative action and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, and that any relief awarded shall only be awarded on an individual basis. Notwithstanding any provision in the AAA's Commercial Arbitration Rules or JAMS Comprehensive Arbitration Rules and Procedures to the contrary, there shall be no right or authority for any Dispute to be arbitrated on a class basis or any other basis involving Disputes brought to a purported representative capacity on behalf of the general public, or other person or entities similarly situated.

If, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in this Section to arbitrate will not apply and the Dispute must be brought exclusively in court in Arlington, Virginia (to which jurisdiction and venue you irrevocably consent). EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of these class action waiver provisions are to be decided only by a court of competent jurisdiction and not by the arbitrator.

Notwithstanding the foregoing, either of us may bring a qualifying claim in small claims court.

(f) Limited Time to File Claims

To the fullest extent permitted by applicable law, if you or we want to assert a Dispute against the other, then you or we must commence it (by delivery of a NOTICE OF DISPUTE as set forth in Section 21(a)) within one (1) year after the Dispute arises – or it will be forever barred.

(g) Venue for Court Proceedings

For any Dispute that is not subject to arbitration or that proceeds in court after a valid opt-out, and except for qualifying small claims or equitable relief proceedings as described above, you and Vivmark consent to the exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Virigina, and you waive any objection to such jurisdiction or venue.

22. General Provisions

These Terms, together with any applicable Additional Terms and the policies expressly incorporated by reference, constitute the entire agreement between you and Vivmark regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings regarding the Service.

If any provision of these Terms is held invalid, unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

Vivmark’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver or modification must be in writing and signed by an authorized representative of Vivmark.

You may not assign or transfer these Terms or any rights or obligations under them without Vivmark’s prior written consent. Vivmark may assign or transfer these Terms and any rights or obligations under them, in whole or in part, at any time without notice. Headings are for convenience only and do not affect interpretation.

23. Forward-Looking Statements

Any forward-looking statements contained on the Service are intended to be made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The words "believes," "expects" and "anticipates" and other similar expressions which are predictions of or indicate future events and trends and which do not relate solely to historical matters identify forward-looking statements. Such forward-looking statements are subject to risk and uncertainties, which could cause actual results, performance, or achievements of Vivmark to differ materially from anticipated future results, performance, or achievements expressed or implied by such forward-looking statements. Users are cautioned not to place undue reliance on these forward-looking statements. Some of the risks and uncertainties which may cause the actual results to differ from those projected by such forward-looking statements are discussed under the heading "Risk Factors" in our Annual Report on Form 10-K which may be accessed on the internet at www.sec.gov or through the Web Site. Many of these uncertainties and risks are difficult to predict and beyond management's control. Forward-looking statements are not guarantees of future performance, results, or events. Vivmark assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.

24. Contact Information

If you have questions regarding these Terms or the Service, you may contact us by email at [email protected] or [email protected]^.