THE MADISON TERMS OF USE

This Web site and the materials within it (collectively, the “Site”) are protected by copyright. Copyright © 2017 SVF Madison Chicago, LLC (“THE MADISON”). Viewing this Site creates a copy of THE MADISON materials in Your computer's random access memory and/or in Your hard drive and/or in Your proxy server.

THE MADISON grants You permission to view this Site and to print individual pages from this Site for Your own personal, noncommercial use, provided that You agree to and accept without modification the notices, terms, and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, material, software, products or services from this Site.

Your use of this Site constitutes Your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of Your use of this Site, you represent and warrant to the THE MADISON that You will not use this Site for any purpose that is unlawful, immoral, or prohibited by these terms, conditions, and notices. If You do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement, THE MADISON will not enter into any agreement with You or obligation to You through this Site, and no attempt to create such an agreement or obligation will be effective.

This Site may contain links to Web sites operated by parties other than THE MADISON. Such links are provided for your reference only. THE MADISON does not control outside Web sites, and are not responsible for their contents. The inclusion of links to outside Web sites does not imply any endorsement of the material on the Web sites or any sponsorship, affiliation, or association with their owners, operators, or sponsors, nor does the inclusion of the the links imply that THE MADISON is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the THE MADISON.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE MADISON OR ANY OF ITS AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP-TO-DATE.

THE MADISON MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE MADISON SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE MADISON SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE MADISON OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MADISON OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
 
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You agree to adhere to the following guidelines when using the classified advertisements and other communications facilities on this Site:

  • You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
  • You may not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control all necessary rights to the files or have received all necessary consents.
  • You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another's computer.
  • You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
  • You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
  • You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
  • You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
  • You acknowledge and agree that all classified advertisements and other communications facilities on this Site are public and not private communications.
  • You may not provide personal information of others without their express permission.
  • You may not provide personal information of individuals under the age of 18 except for the limited purpose of verifying the ages of potential residents.
  • You further acknowledge that information and material published, posted, advertised, distributed, disseminated, or uploaded by other users are not endorsed by THE MADISON, that such communications shall not be considered reviewed, screened, or approved by THE MADISON, and that some people may find such communications to be offensive or inappropriate.
  • You agree that THE MADISON is not responsible for the contents or accuracy of any classified advertisement or other information or material from any third party, and that THE MADISON is not responsible for any results or any transactions relating to or arising out of any classified advertisements or other communications facilities or information or material in this Site, or for the quality of any products, information, or other materials displayed, purchased, obtained, sold, or otherwise disposed of by you as a result of any classified advertisements or other communications facilities or information or material in this Site. Remember that people can access this Site and post material of their choosing, including information that may be intentionally offensive, incorrect, or misleading. You should use appropriate caution.
  • You hereby agree that any reliance or action or inaction by you in connection with any such classified advertisements or other communications facilities or information or material in this Site is at your sole risk.
  • You may not attempt to access, circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with this Site.

In the event you are provided with user IDs and passwords in the use of this Site, you shall maintain such user IDs and passwords in confidence, and you agree not to distribute or disclose the same to third parties. If you believe that such ID or password is or may be subject to theft, unauthorized use or access, or a breach of confidentiality, it is your responsibility to notify THE MADISON if THE MADISON needs to change or discontinue any of your IDs and passwords. THE MADISON may suspend or terminate your service or access if it believes that such theft, use, access or breach, or any other breach of these terms of use, has occurred.

You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or if THE MADISON has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), THE MADISON has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future access to or use of, this Site. 

THE MADISON reserves the right for any reason or no reason to remove without notice any classified advertisements or other communications, information, or material on this Site. THE MADISON reserves the right without notice and in its sole discretion to deny any user access to this Site or any portion of this Site, or to refuse THE MADISONs to this Site.

THE MADISON will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised on this Site are available on an equal opportunity basis.

For further information or to contact us with questions, concerns, or comments, you may write, call, fax, or e-mail us as follows:

THE MADISON
c/o American Realty Advisors
801 North Brand Blvd., Suite 800
Glendale, California 91203
Telephone: 818-545-1152
Fax: 818-545-8460

In addition, by publishing, posting, advertising distributing, disseminating, or uploading any information or material to this Site, you agree that THE MADISON may in its discretion freely use, republish, make derivative works from, or sell that information and material and anything derived therefrom for its exclusive benefit or for the benefit or others.

You acknowledge and agree that THE MADISON may preserve information, and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) establish or exercise their legal rights or defend against legal claims; (c) enforce these terms of use; (d) respond to claims that any information violates the rights of third-parties; (e) protect the rights, property, or personal safety of THE MADISON business, residents, employees, affiliated or related entities, and the public; or (f) further any reasonable business purpose of THE MADISON as determined by THE MADISON.

You agree that this agreement and your use of this Site are governed by the laws of the State of California, USA, without reference to the conflict of law provisions therein. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Los Angeles, California, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. THE MADISON has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements, and You agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

You agree that THE MADISON may at any time and without notice change the terms, conditions, and notices under which use of this Site is authorized.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and THE MADISON as a result of this agreement or Your use of this Site.

THE MADISON performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of THE MADISON rights to comply with law enforcement requests or requirements relating to Your use of this Site or information provided to or gathered by THE MADISON with respect to such use.

Any use in contravention of this provision or any provision of these terms of use is at your own risk and, if any part of these terms of use are invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms of use shall govern such use.

Any claim or controversy arising out of, relating to, or concerning this Site and/or this agreement must be submitted to and settled under binding arbitration in Los Angeles, California, USA, in accordance with the rules of the American Arbitration Association. Subject to the rules of the American Arbitration Association, the decisions of the arbitrators will be binding and conclusive upon all parties involved, and judgment upon any decision of an arbitrator may be entered in the highest court of any forum, federal or state, having jurisdiction.

This agreement constitutes the entire agreement between You and THE MADISON with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and THE MADISON with respect to this Site. No modification of this agreement shall be effective unless it is authorized by THE MADISON. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by THE MADISON in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or Your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by THE MADISON in printed form.

Fair Housing

THE MADISON operates in accordance with the Fair Housing Act (The Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988), as well as all applicable state and local laws regarding fair housing and equal opportunity.

IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, or FAMILIAL STATUS (“Familial Status” means one or more individuals under 18 living with either a parent or other authorized person, and also applies to any person who is pregnant or in the process of securing custody of a minor child), TO ADVERTISE ANY PREFERENCE, LIMITATION, OR DISCRIMINATION BASED ON ANY OF THE FOREGOING, OR TO ADVERTISE ANY INTENTION TO MAKE ANY SUCH PREFERENCE, LIMITATION, OR DISCRIMINATION. State or local law may provide additional protections.

THE MADISON will not knowingly advertise for real estate in any manner that violates the law. All persons are hereby informed that all dwellings advertised on this Site are available on an equal opportunity basis.

THE MADISON is committed to ensuring that its residents and guests share equal access to the buildings, amenities, resources, and activities available at their communities to the fullest extent possible.

THE MADISON also recognizes that, if its residents or their guests have disabilities, they may have particular needs. THE MADISON will work with its residents to identify things that can be done to make their apartment homes and the amenity areas more accessible or useable by its residents or their guests with disabilities.

If you or your guest have a disability and you think that an accommodation or modification might enhance access to or enjoyment of your apartment or THE MADISON community, you may request it any time during your residency.

 

THE MADISON PRIVACY POLICY
 

This Web site and the materials within it (collectively, the “Site”) are protected by copyright. Copyright © 2017 SVF Madison Chicago, LLC (“THE MADISON”). Viewing this Site creates a copy of THE MADISON materials in Your computer's random access memory and/or in Your hard drive and/or in Your proxy server.

How Our Privacy Policy Applies

This Privacy Policy explains how THE MADISON and its agents, collect, use, and disclose the Personal Information You may provide to us through this Site and any other Web site maintained on their behalf by their agents (also considered a “Site”), and other Personal Information that You provide to us offline or indirectly through third party advertiser sites. This Privacy Policy statement may be revised from time to time, so please revisit this page to remain fully informed of our commitment (see “Consent” Section below).

Your provision of Personal Information to us indicates Your consent to this Privacy Policy as modified from time to time.

Types of Personal Information Collected

In this Privacy Policy, "Personal Information" means any information by which You can be personally identified, and includes Your name and address, age or date of birth, Your electronic mail address, number of children, Your occupation, employment information, telephone number, education, the kind of service provided to You, Your social security number, real property purchased, leased, or rented, bank account number, debit card number, bank or investment account, debit card, or credit card balance, payment history, and information pertaining to Your creditworthiness, assets, income or liabilities.

How We Use and Disclose Personal Information

We collect, retain, and use Personal Information for the reasons stated below:

  • To complete the leasing process;
  • To request a credit report in connection with leasing;
  • To contact You in response to Your inquiries, comments and suggestions;
  • To contact You otherwise when necessary;
  • For the specific purpose for which it was volunteered (for example, to receive notice from us, etc.);
  • To track the visitor’s use of the Site for internal market research;
  • To improve the Site and the services THE MADISON and its agents promote or provide through the Site or through other means;
  • For special promotions, contests or survey registrations;
  • To customize the content and/or layout of our Site for each individual visitor;
  • To ask for Your participation in brief surveys;
  • To complete any purchases or other transactions you may perform at the Site;
  • To notify visitors about updates to the Sites or services;
  • To notify You about promotions, special offers, etc., regarding products and services provided by us or our agents;
  • To be provided to third party service providers on behalf of THE MADISON;
  • As required by law or regulation, as requested by government authorities, or to establish or exercise our legal rights or defend against legal claims;
  • To investigate a possible crime, such as fraud or identity theft;
  • When we believe it is appropriate to do so to protect the rights, property, or safety of THE MADISON or other persons or entities;
  • In connection with an acquisition, merger, sale or other transfer of all or any portion of our business; and
  • For our internal business purposes.

Except with respect to third party service providers engaged by THE MADISON or its affiliates, we do not disclose Personal Information to third parties for their marketing purposes.

Aggregate Information Collection and Use

We may also collect or may aggregate information, which is non-personally identifiable or anonymous, such as frequency of visits to the Site, Site pages most frequently accessed, browser type, etc. Aggregate information is used in a collective manner, and no single person can be identified by this compiled information.

Cookies

In order to personalize and enhance Your experience on our Site, we also may collect information through "cookies." Cookies are small strings of text that are sent by our Site to Your browser and then stored by Your browser on Your computer's hard drive. Our cookies allow us to personalize Your experience on our Site, make Your visit more convenient, and understand how You and others are using our Site so that we can improve Your experience on the Site. We may use cookies to identify repeat visitors to our Site and to determine the paths visitors take on our Site. We may also use cookies to determine whether You visited our Site from a particular Internet THE MADISON or advertisement. We do not use cookies that store personal information or associate cookie information with personal information You may provide us. Most Web browsers automatically accept cookies, but it is possible to change Your browser setup so that it does not accept cookies. In order to create a profile on our Site You must have Your cookies on.

Data Security

The security of Your Personal Information is important to us. While our security measures are intended to protect your Personal Information, the complete security of any transmission over the Internet cannot be guaranteed.

Children's Privacy

We do not collect or maintain information at our Site from those we know are under 13, and we do not permit children under 13 years of age to become registered users of our Site. No part of our Site is structured to attract anyone under 13. By using our Site You represent that You are not under 13 years of age. If we become aware that a visitor to our Site is under the age of 13 and has provided personally identifiable information, we will remove his or her personally identifiable registration information from our files.

THE MADISONs To Third-Party Web Sites

Our Site may offer THE MADISONs to other Web sites which may have information policies and practices different from ours. We do not control and are not responsible for the privacy policies or practices or the content of any third party Web sites.

Consent

By using this Site, You consent to our collection and use of Personal Information as specified in this Privacy Policy. THE MADISON reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy statement from time to time. The amended Privacy Policy will be effective upon posting on the Site. Your continued use of the Site and/or the services means that You agree to the revised Privacy Policy and our use of Your Personal Information in accordance with the revised policy.  THE MADISON may, but is under no obligation to, provide You notice of such modifications to this Privacy Policy statement via email or other communication.

Email Consent and Opt-Out

Your provision of Personal Information through any of our resident portal Sites constitutes Your affirmative consent that we may contact you by email to provide you with information and notices relating to the property where you reside, and various services available to you at or through that property.


In the future, You may choose to opt out of receiving future commercial email messages from us. Each mass commercial email sent by us will contain a link with instructions on how to remove Yourself from our email list. Please note that if you are a resident of THE MADISON’s community and you opt out of receiving commercial email from us, you will continue to receive email from us regarding operational issues surrounding your apartment, your lease, and/or your community.

Non-U.S. Residents

If You do not reside in the U.S. and are visiting our Site, if You provide Personal Information to us it may be transferred to and processed on computers in the U.S. and other countries. Do not provide Your Personal Information to us if You do not want this information to be transferred outside of Your country, or if the laws in Your country restrict these types of transfers. Your provision of Personal Information to us will be handled in accordance with this Privacy Policy statement. From time to time, Your Personal Information may be transferred to a country different from where you are located, and processed there in accordance with this Privacy Policy statement. You hereby consent to such transfers and processing as described in this Privacy Policy statement.

Your provision of Personal Information to us through this Site means that you agree to the terms of this Privacy Policy.