AMERICAN CAMPUS COMMUNITIES
). We may periodically change these terms without providing prior notice. So, we recommend that you read these terms carefully each time you access or use one of our Websites.
Applicable Law and Venue—Limitation of Liability
The Websites reside on a server in Austin, Travis County, Texas. Except as otherwise required by applicable law, any dispute relating to a Website or use or inability to use the Websites will be governed by the laws of the State of Texas, without regard to its conflict of law provisions, the United States of America and international copyright laws. Any action arising out of or related to these Legal Notices shall only be brought in the state or federal courts located in Travis County, Texas.
YOU UNDERSTAND AND AGREE THAT THE WEBSITES AND ALL CONTENT ON THEM ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE CONTENT OF THE WEBSITES IS ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACC 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 ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ACC 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 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 WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, EVEN IF ACC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ACC BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN $10.
ACC accepts these forms of payment: Visa, Mastercard, and personal checks. If a credit card or your checking account is being used for a transaction, ACC may obtain preapproval for an amount up to the amount of the payment. Billing occurs at the time of or shortly after your transaction. You agree that you will pay for all products you purchase through ACC, and that ACC may charge your credit card or checking account for any purchases and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ACC WITH A VALID CREDIT CARD OR CHECKING ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or checking account you designate during the payment process. If you want to designate a different credit card or if there is a change in your credit card or checking account status, you must change your information online in the Make a Payment or Direct Debit section of the system; this may temporarily disrupt your access to the system while ACC verifies your new payment information. All rent payments are final.
ELECTRONIC CONTRACTING POLICY
Your use of the Websites includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. ACC is not responsible for typographic errors.
FORWARD-LOOKING STATEMENT DISCLOSURE
ACC may make financial and other information available through the Websites. The information in the Websites also may attempt to predict trends. Predictions obviously may or may not prove to be accurate. ACC considers portions of the Webites to be forward-looking statements within the meaning of the federal securities laws. All statements included in the Websites regarding future events and developments and ACC's future performance, as well as management's expectations, beliefs, plans, estimates or projections relating to the future, are forward-looking statements within the meaning of these laws. Forward-looking statements include statements preceded by, followed by or that include the words "believes," "expects," "anticipates," "plans," "estimates," "should," or similar expressions. Forward-looking statements are only predictions and are not guarantees of performance. These statements are based on beliefs and assumptions of management, which in turn are based on currently available information. Important assumptions relating to the forward-looking statements include, among others, assumptions regarding the market for our apartment communities, demand for apartments in the markets in which we operate, competitive conditions and general economic conditions. These assumptions could prove inaccurate. The forward-looking statements also involve risks and uncertainties, which could cause actual results to differ materially from those contained in any forward-looking statement. Many of these factors are beyond our ability to control or predict. Such factors include, but are not limited to the risk factors disclosed in ACC's annual report on Form 10-K and other periodic reports filed with the Securities and Exchange Commission. Undue reliance should not be placed on any forward-looking statements, as these statements are always based on current expectations. Further, forward-looking statements speak only as of the date they are made, and management undertakes no obligation to update publicly any of them in light of new information or future events.