Last updated: June 5, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.apartmentsthatgive.com website (the “Website”) or participating in the Give & Give Back residential referral services program (the “Promotion” as described below and administered by Blue Tie, LLC, an Ohio limited liability company (“Blue Tie”, or “us”). The Website and Promotion are collectively referred to as Blue Tie “Services.”
Your access to and use of Services is conditioned upon your acceptance of, and compliance with these Terms and Conditions. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access or use the Services and should immediately discontinue the use thereof.
Blue Tie administers residential referral service promotions on behalf of the apartment communities listed on the Website (each a “Community” and collectively the “Communities”). Through the Promotion, residents of a Community may refer a friend to lease an apartment by providing the name and email address of the friend to the Community office. The referred friend will then receive a promotional flyer about the Community from us (a “Flyer”). By submitting the name and email address of a friend, the referring resident (“Referring Resident”) represents and warrants to Blue Tie and the Community that he/she is authorized on behalf of the friend to submit the name and email address of the friend for purposes of the Promotion. If the referred friend ultimately signs a lease and moves into the Community, the Referring Resident shall be eligible for the following incentives (collectively, the “Referral Incentive”):
To select and receive a gift card to a restaurant, store or service provider of the Referring Resident’s choice from those available through the Promotion at the dollar amount set by the Community and advertised in the Flyer (e.g., $150, $200, etc.); and
To designate a 501(c)(3) charitable organization to receive a donation at the dollar amount set by the Community and advertised in the Flyer (e.g., $150, $200, etc.) in the Referring Resident’s name (to the extent available) by providing the information for such organization to the Community.
The Referring Resident must report the referral to the Community, as well as make all selections of Referral Incentives through the Community office. The Community shall be solely responsible for conducting the Promotion, for determining eligibility for a Referral Incentive, and for funding the Referral Incentive. Blue Tie shall fulfill the selections (e.g., mail gift cards and donations) upon receipt of the funds from the Community. Blue Tie is not the agent of the Communities and shall not be responsible or liable for any act or omission by the Community in conducting the Promotion, including as to any determinations of eligibility for a Referral Incentive. Further, Blue Tie is not the agent of any merchant whose gift cards are made through the Promotion and shall have no liability in connection with any products or service offered or provided by such merchants.
Referring Resident Eligibility
Community Terms and Conditions
The Communities are responsible for maintaining the confidentiality of their accounts, including all usernames and passwords. The Communities are responsible for all activities or actions that occur through their accounts and/or with their passwords. The Communities must immediately notify Blue Tie upon becoming aware of any breach of security or unauthorized use of their accounts.
The Services, including the content, features and functionality thereof are and will remain the exclusive property of Blue Tie and its licensors. The Services are protected by copyright, trademark, and/or other laws of both the United States and foreign countries. You may not use the Services in any manner in violation of Blue Tie’s intellectual property rights. Blue Tie’s trademarks and trade dress may not be used in connection with any product or service without its prior written consent.
Third Party Websites, Products and Services
The Services may contain links to third party websites or products or services that are not owned, controlled by, or affiliated with Blue Tie. Blue Tie has no control over the privacy policies, products, services or practices of any such third parties or their websites or products. You acknowledge and agree that Blue Tie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any goods or services available on or through any such third party websites, gift cards or services.
Warranties and Limitation of Liability
Blue Tie shall use commercially reasonable efforts to comply with applicable laws in the performance of the Services. To the maximum extent permitted by applicable law, Blue Tie disclaims all other warranties, express or implied in relation to the Services. Blue Tie’s sole and exclusive obligation, and your exclusive remedy for any breach of the foregoing warranty shall be for Blue Tie to promptly correct any such breach and/or to terminate the Services. In the event that any liability is imposed upon Blue Tie despite any other limitation in these Terms and Conditions, you agree that Blue Tie’s total, aggregate liability to you for any damages or causes of action arising from these Terms or the Services under any legal theory shall be limited to the amount of $300.
Blue Tie may terminate the Services or any account immediately and without prior notice or liability for any reason or no reason, including for a breach of these Terms or if it suspects any misuse or threats to Blue Tie or the Services. In such event, Blue Tie’s sole obligation shall be to complete any Services up to the date of termination. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of State of Ohio, without regard to its conflict of law provisions. Blue Tie’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and Blue Tie regarding the Services and supersede and replace any prior agreements regarding the Services.
Blue Tie reserves the right, in its sole discretion, to modify or replace these Terms at any time by posting a copy of the updated Terms to the Website. All changes to these Terms shall be applied prospectively. By continuing to access or use the Services, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
If you have any questions about these Terms, please contact us.