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Terms of Use

AGREEMENT FOR USE OF THE POST PROPERTIES WEB SITE

This Web site and the materials within it are © 1997-2006 Post Apartment Homes, L.P. (“Post Apartment Homes”). Viewing this Web site creates a copy of Post Apartment Homes' materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.

Post Apartment Homes grants you permission to view this Web site and to print individual pages from this Web 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 Web site.

Your use of this Web 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 Web site, you represent and warrant to Post that you will not use this Web 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 Web site. Other than this agreement, Post will not enter into any agreement with you or obligation to you through this Web site, and no attempt to create such an agreement or obligation will be effective.

POST, POST APARTMENT HOMES, POST APARTMENT DEVELOPMENT, POST CORPORATE APARTMENTS, POST EAST, POST LANDSCAPE, POST LANDSCAPE SERVICES, POST MANAGEMENT, POST WEST, POSTMARK, POSTSMART, POSTSMART APARTMENT, POSTHELP, POST NOTES, POST SCRIPT, PP, QUALITY SHOWS, SETTING THE STANDARD, BUILDING BETTER NEIGHBORHOODS, the stylized tulip logo, THERE’S NO PLACE LIKE POST, WHAT A WONDERFUL LIFE, POST APARTMENT LEASING CENTER, POST FITNESS, POST FITNESS CENTER, A BEAUTIFUL STANDARD OF LIVING, and the other POST formatives used in this Web site are service marks or registered trademarks of Post Apartment Homes, or its owners, or their parents, subsidiaries, or affiliates (collectively, “Post”). Other product and company names mentioned in this Web site may be the trademarks of their respective owners. Post's trademarks may not be used without the express written permission of Post's corporate management. Fair use of Post's trademarks requires proper acknowledgment.

This Web site may contain links to Web sites operated by parties other than Post. Such links are provided for your reference only. Post does not control outside Web sites, and is not responsible for their contents. Post’s 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 Post’s inclusion of the links imply that Post is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

Post may make financial and other information available through this Web site. In some cases, the information may be audited. In most cases it will not have been audited. The information in this Web site also may attempt to predict trends. Predictions obviously may or may not prove to be accurate. Post considers portions of this Web site to be forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of The Securities Exchange Act of 1934, as amended. Forward-looking statements are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy and some of which might not even be anticipated. Future events and actual results, financial and otherwise, may differ materially from the results discussed in the forward-looking statements. Factors that might cause such a difference include, but are not limited to the following: (1) local market conditions, (2) governmental laws and regulations related to (a) the REIT status of Post Properties, Inc., (b) housing, and (c) the environment, among others, and (3) general economic conditions.

Post also may make employment information available through this Web site. Post is an equal opportunity employer. Post provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, disability or other protected status. Post’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits, and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS WEB 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 POST OR ANY OF ITS AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEB SITE, AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS WEB SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED WITHOUT NOTICE AT ANY TIME.

POST MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. POST 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. POST SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL POST 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 WEB SITE, THE MATERIALS IN THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF POST 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 Web 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 Web site are public and not private communications. You further acknowledge that information and material published, posted, advertised, distributed, disseminated, or uploaded by other users are not endorsed by Post, that such communications shall not be considered reviewed, screened, or approved by Post, and that some people may find such communications to be offensive or inappropriate. You agree that Post is not responsible for the contents or accuracy of any classified advertisement or other information or material from any third party, and that Post 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 Web 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 Web site. Remember that people can access this Web 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 Web site is at your sole risk. Post reserves the right for any reason or no reason to remove without notice any classified advertisements or other communications, information, or material on this Web site. Post reserves the right without notice and in its sole discretion to deny any user access to this Web site or any portion of this Web site, or to refuse links to this Web site.

Post operates in accordance with the Fair Housing Act (The Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988) in providing Equal Housing Opportunity to its residents and applicants.

IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS (“Familial Status” means one or more individuals under 18 living with either a parent or other person having custody, and also applies to any person who is pregnant or in the process of securing custody), OR NATIONAL ORIGIN, 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.

Post operates in accordance with the Fair Housing Act (The Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988) in providing Equal Housing Opportunity to its residents and applicants.

IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS (“Familial Status” means one or more individuals under 18 living with either a parent or other person having custody, and also applies to any person who is pregnant or in the process of securing custody), OR NATIONAL ORIGIN, 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.

Post 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 Web 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:

Web Information Post Apartment Homes, L.P.
4401 Northside Parkway, Suite 800
Atlanta, Georgia 30327-3057
Phone: 404-846-5000
Fax: 404-504-9388
E-mail: postmis@postproperties.com

Although Post will in most circumstances be able to receive your e-mail or other information provided through this Web site (including, without limitation, service requests and other submissions), Post does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure. Post does not generally receive encrypted e-mail so you should be cautious about the e-mail and other information you send us through the Internet.

Post may gather, process, and use (and allow others to use) information that you provide through this Web site or otherwise (such as your name, physical address, and e-mail address), as well as information regarding the manner in which you use this Web site. From time to time, others may be allowed to offer products and services to you. If you would like Post to cease allowing others to use such information you may notify us at postmis@postproperties.com and we will endeavor in the future to refrain from making such information about you available to others.

In addition, by publishing, posting, advertising distributing, disseminating, or uploading any information or material to this Web site, you agree that Post 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.

This Web site resides on a server in Atlanta, Georgia, USA. You agree that this agreement and your use of this Web site are governed by the laws of the State of Georgia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (a) arising out of, relating to, or concerning this Web site and/or this agreement, (b) in which this Web site and/or this agreement is an issue or a material fact, or (c) in which this Web site and/or this agreement is referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization. Use of this Web 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. Post has endeavored to comply with all legal requirements known to it in creating and maintaining this Web site, but makes no representation that materials on this Web site are appropriate or available for use in any particular jurisdiction. Use of this Web site is unauthorized in any jurisdiction where all or any portion of this Web site may violate any legal requirements, and you agree not to access this Web 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 Post may at any time and without notice change the terms, conditions, and notices under which this Web site is offered.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Post as a result of this agreement or your use of this Web site.

Post's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Post’s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Post with respect to such use.

Any claim or controversy arising out of, relating to, or concerning this Web site and/or this agreement must be submitted to and settled under binding arbitration in Atlanta, Georgia, U.S.A. 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 Post with respect to this Web site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Post with respect to this Web site. No modification of this agreement shall be effective unless it is authored by Post Properties, Inc. or Post Apartment Homes, L.P. or unless it is physically signed in blue ink by an officer of Post Properties, Inc. or Post G.P. Holdings, Inc. 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 Post in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Post in printed form.

This document was last updated on October 20, 2006.