Last Updated as of: March 7, 2016
THESE TERMS AND CONDITIONS (THE “TERMS” OR “AGREEMENT”) ARE A LEGAL
CONTRACT BETWEEN UNICORP NATIONAL DEVELOPMENT. THE TERMS EXPLAIN
HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL
WWW.UNICORPUSA.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO
WWW.UNICORPUSA.COM BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED
COMPANIES, INCLUDING WITHOUT LIMITATION THE RESIDENTPORTAL™ OR
PROSPECTPORTAL® WEBSITES (COLLECTIVELY, THE “SITE”).
BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS, INCLUDING ANY
ADDITIONAL TERMS (INCLUDING END USER LICENSE(S)) THAT MAY APPLY TO
ADDITIONAL SERVICES PROVIDED HEREUNDER AND THAT YOU MAY BE
REQUIRED TO ACCEPT SEPARATELY. IF YOU DO NOT AGREE WITH ANY OF
THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY
INFORMATION CONTAINED ON THIS SITE.
In the course or accessing and/or using the Site and the Services, we may obtain information
about you or you may be required to provide certain information to us. All uses of your
of these Terms. If you use the Services and/or the Site, and/or if you register for any programs or
must discontinue use of the Site and the Services.
The Company may make changes to the content offered on the Site at any time. The Company
can change, update, or add or remove provisions of these Terms, at any time by posting the
updated Terms on this Site and by notifying registered account holders via e-mail. By using this
Site after the Company has updated the Terms, you are agreeing to all the updated Terms; if you
do not agree with any of the updated Terms, you must stop using the Site.
Company provides Property Management services, by which the Company owns or manages the
properties displayed on the Site.
A Payment Gateway refers to the electronic systems, through which you may pass payment
information to us, including but not limited to name, mailing address, email address, and dollar
amount of payments received.
AGREEMENT TO DEAL ELECTRONICALLY; ELECTRONIC COMMUNICATIONS
All of your transactions with or through the Site may, at our option, be conducted electronically
from start to finish. If we decide to proceed non-electronically, those services will still be
governed by these Terms unless you enter into different terms on a form provided by us. If the
law allows you to withdraw this consent or if we are ever required to deal with you non-
electronically, we reserve the right to charge or increase fees and you agree to print or make an
electronic copy of the Terms and any other contract or disclosure that we are required to provide
By clicking “Submit” on any step of a transaction within this Site, you agree to conduct such
transaction by electronic means. You understand that by clicking the box titled “I agree to the
Terms & Conditions,” you are agreeing to conduct an electronic transaction and to use and
receive communications through electronic means. You agree to enter the requested information
electronically via the Internet, and to be notified regarding any transaction electronically through
the email address you have provided. You understand that electronically signed documents have
the same legal effect as hard copies with ink signatures. You understand that you may refuse to
conduct other electronic transactions in the future.
Your transaction, if applicable, is subject to your acceptance of these Terms, which are agreed
upon when you proceed with your transaction. This Agreement is entered into on the date of
payment acceptance. These Terms supersedes any agreement with the owner of the merchant
account to which you are submitting an electronic payment. You hereby agree as follows:
By making your payment and providing the information needed to process your checking,
savings account or credit card account, you acknowledge that you have read and understand the
Terms contained herein.
Except as otherwise provided in these Terms, we will give you any notices regarding the Site by
posting them on the Site. You also authorize the Company to send notices (including notice of
subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices,
and you will be considered to have received a notice when it is posted on the Site, or when sent
by us via electronic mail, whether or not received by you. You must keep your email address
current and any notice sent by us to an email address that you have provided to us will be
considered effective notice.
UNAUTHORIZED USE OF YOUR PASSWORD.
All instructions transmitted by or received from anyone presenting your password on the Site are
binding to you. You agree that you are solely responsible for all transactions or acts that are
validated through use of your password, whether or not made with your knowledge or authority.
You agree to guard your password carefully, with the full awareness that a failure to keep it
secure will enable others to engage in transactions through the Site for which you will be legally
responsible. If you ever suspect that someone may have obtained access to your password who is
not intended to have authority to act on your behalf, please contact the Company immediately.
You can authorize the Company to refuse to accept any further transactions initiated under that
password on your behalf and the Company will use commercially reasonable efforts to block
LICENSE TO USE THE SITE.
We hereby grant you a limited, revocable, non-transferable, non-sublicenseable license, under
the rights the Company has in the Site’s content, to view and use the Site solely for the purpose
of acquiring information in accordance with these Terms. The alteration, removal, or obliteration
of any copyright and trademark notices is strictly prohibited. As between you and the Company,
we and our licensors retain all right, title, and interest in and to the Site. Except as provided in
these Terms, permission to reprint or electronically reproduce any content in whole or in part for
any other purpose is expressly prohibited. The Site and all content contained therein is protected
by copyright and intellectual property rights under both United States of America and foreign
laws and all rights not expressly granted are reserved by the Company, its affiliates, and its
partners. Subject to applicable law, the Company reserves the right to suspend or deny, in its sole
discretion, your access to all or any portion of the Site with or without notice.
The license granted herein does not include permission to copy the design elements, “look and
feel” or layout of the Site. Those elements are protected by law, such as trade dress, trademark,
unfair competition, and other laws, and may not be copied or imitated in any manner. Except as
expressly provided in these Terms, neither the Company nor any third party has conferred upon
you any license or right under any patent, copyright, trademark, trade secret or any other
We do not guarantee uninterrupted or error-free operation of this site or any portion thereof, but
we will use reasonable efforts to maintain its operation and availability.
We may, at any time and without notice to you, terminate your access to the Site or block your
access to the Site if:
? We believe in our sole discretion that you have violated these Terms or have otherwise
engaged in any activities that may harm or damage the reputation, rights, person, or
property of the Site, our users, or any other person;
? Requested by law enforcement or other government agencies; or
? Your account has extended periods of inactivity.
SUBMISSION OF COMMENTS; PROHIBITED CONTENT AND CONDUCT.
Any comments or information that you provide to the Company, for example, feedback or ideas
in response to a customer survey regarding the Site, product or content reviews, suggestions,
ideas, concepts, or other information are collectively deemed “Submissions”. None of the
Submissions will be subject to any obligation of confidence on our part, and we will not be liable
for any use or disclosure (including publication in any medium) of any Submissions. You hereby
grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create
derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer,
publicly display, publicly perform, and display the Submissions without any limitation and in
any media or any form now known or later developed. Without limiting the foregoing, we will be
entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without
compensation to the provider of the Submissions. Further, we may sublicense these rights to
third parties. We reserve the right to disclose any information concerning your use of this
website to the extent required by law or judicial or government order. From time-to-time this
website may request information through the use of forms. Use of such forms is completely
voluntary. Information requested may include, but is not limited to, contact information,
demographic information and/or opinions.
Under no circumstance are we responsible for any Submission to the Site or for the content of
that Submission, nor shall we be held liable for any of the claims made therein. We are not
responsible for the content or accuracy of any of these Submissions, and the views and opinions
they express are solely those of the original contributor.
You must not do or attempt to do any of the following, as reasonably determined by us, subject
to applicable law:
Post to the Site or provide any Submissions that is or appears to be the following:
? untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, invasive to another person’s privacy or protected data, hateful, or discriminatory
or otherwise objectionable; any content that is libelous, defamatory, obscene,
pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or
otherwise objectionable, that would constitute or encourage a criminal offense or violate
the rights of anyone, or that would otherwise give rise to liability or violate any law.
? infringing upon a third party’s intellectual property rights, including any patent,
trademark, trade secret, copyright, right of publicity, including any content that is the
subject of any claim of infringement;
? of a type that you do not have a right to transmit under any law or under contractual or
fiduciary relationships, such as proprietary and confidential information;
? unsolicited, undisclosed or unauthorized advertising;
? software viruses or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment; harmful, illegal, deceptive or disruptive code such as a
virus, “spyware”, “adware” or other code that could adversely impact the Site or any
? data or information obtained through access that was not authorized by the owner, or that
you are not authorized to post; or
? in violation of any applicable local, state, national or international law (including export
laws), contracts, intellectual property rights or that constitutes the commission of a tort,
or for any purpose that is harmful or unintended (by us), or other than in full compliance
with these Terms;
? access, tamper with, or use services or areas of the Site that you are not authorized to
? alter information on or obtained from the Site;
? tamper with postings, registration information, profiles, submissions or content belonging
to the Site or other users of the Site;
? use any robot, spider, scraper or other automated means or interface not provided by us to
access the Site or extract data or gather or use information, such as email addresses,
available from the Site or transmit any unsolicited advertising, “junk mail”, “spam” or
? frame any part of the Site, or link to the Site, or otherwise make it look like you have a
relationship to us or that we have endorsed you or your content for any purpose except as
expressly permitted in writing by us;
? impersonate or misrepresent your affiliation with any person or entity;
? reverse engineer any licensed software, application, or any other aspect of the Site or do
anything that might discover source code, or bypass or circumvent measures employed to
prevent or limit access to any area, content or code of the Site; or
? take any action which might impose a significant burden (as determined by us) on the
Site’s infrastructure or computer systems, or otherwise interfere with the ordinary
operation of the Site.
YOUR REPRESENTATIONS AND WARRANTIES.
You represent and warrant for the benefit of the Company and the Company’ licensors and
? you are at least 18 years of age;
? all information that you submit to us is true, accurate, and current and that you own all
rights in your Submissions or, alternatively, you have sufficient rights in your
Submissions to grant us the rights described in these Terms;
? you will keep your registration information current;
? you will be responsible for all use of your password even if such use was conducted
without your authority or permission; and
? you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
If applicable, you agree to pay all application fees billable immediately to the account identified
in your application for the purpose of application processing, which fees are earned upon the
submission and receipt of an application. If payment is made by eCheck/ACH, you understand
that if such payment is returned from the bank for any reason, you may be charged additional
returned item fee(s), which will be added to the original amount and auto-debited from your bank
account at least ten (10) days after the initial payment fails. In the event that subsequent fee
collection auto-debits also fail, you may continue to incur fees related to such attempts. You
assume all responsibility for all such fees. Returned item fees vary; please contact your leasing
office for details. Additional fees may also be assessed by your bank and/or our business
partners. Your copy of the application will serve as a receipt for the application fee collected.
In some cases convenience fees are charged. Convenience fees are not surcharges. Such
convenience fees are not being charged based on any method of payment. All payment methods
initiated through the online platform are charged a convenience fee including, credit card, debit
card, electronic checks, and cash payments.
If you are applying for a lease, no guarantees are made to you that a property rental is or will be
made available. You understand that you will acquire no rights in or to a property rental until you
accept and sign a rental agreement and pay all applicable application fees and security deposits.
You authorize the Company to obtain such credit reports, criminal histories, character reports,
verification of rental and employment history as it deems necessary to verify all information in
your application. You further understand that false, fraudulent, misleading or incomplete
information may be grounds for denial of tenancy or subsequent eviction. There are no
warranties offered by the Company, whether express or implied.
You hereby authorize us to initiate transaction entries, including convenience fees noted herein,
to your transaction account number (including checking and savings accounts) and/or charges to
your credit card. This billing will occur at the time of payment of each transaction.
You hereby acknowledge that the Company may apply a convenience fee with each transaction
initiated through the payment gateway. This convenience fee(s) may be amended at any time
with or without notice. All convenience fees will be displayed on the payment screen prior to
finalizing your transaction.
The Company will make every effort to comply with all payment processing rules and
regulations. If you believe you have been charged a convenience fee in error, please contact the
Company by email at [email protected]
We advise you that your credit card or bank account billing statement will show a charge item
that displays the name of the merchant account of the payee. If you are unsure of that name, you
agree to contact payee before processing this transaction so as to be sure to recognize the
transaction when it appears on your monthly statement.
The Company reserves the right to cancel your transaction processing account at any time for
any reason. Your payee may also decline/refuse any and all payments at any time and for any
reason at which time we will return the payment amount entered into the Payment Gateway,
minus convenience fees paid, in an appropriate and reasonable time frame.
The Company reserves the right to refuse processing service to you at any time for any reason.
You also maintain the ability to discontinue use of the Payment Gateway at any time for any
reason. Active recurring payments must be deleted before use of service is discontinued. It is
your responsibility to terminate any and all recurring payments on your account before relocating
or moving – otherwise charges will continue to be assessed to your billing account during the
period designated for recurring payments to take place. You agree to indemnify and hold us
harmless for any recurring payments that are charged by accident or because you failed to cancel
your recurring payment.
If you believe a transaction was made improperly, the Company in its sole discretion may void,
issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance
of such payment to your payee. Payment disputes arising after payment has been settled to your
payee are between you and payee alone. We may act as an intermediary if such actions can
reasonably and efficiently handle said problem.
Both you and payee mutually reserve the right to cancel, reverse or halt any and all checking or
savings account or credit card transactions that have been cleared through the Payment Gateway.
You agree to defend, indemnify and hold harmless the Company, its officers, directors,
employees, agents, licensors, and suppliers, from and against all third party claims, actions or
demands, liabilities, and settlements, including, without limitation, reasonable legal and
accounting fees, arising in connection with your use of the Site or resulting from, or alleged to
result from, your use of the Site or your violation of these Terms or any law. We will not be
responsible or liable for unauthorized access of facilities or to your data or programs due to
accident, illegal or fraudulent means or devices.
The Company will not be liable for performance of services where delayed by war, riot,
embargoes, strikes, or acts of our vendors and suppliers, concealed acts of workmen (whether
ours or others), or accidents. The indemnification provided for in this article shall survive any
termination of these Terms. You declare the following:
? That all representations and statements made by you or on your behalf in these Terms, or
in any other document relating hereto, are true, accurate and complete in all material
? Where applicable and appropriate, you agree to maintain and promptly update your
registration or payment information to keep it true, accurate, current and complete.
? Failure to provide or maintain accurate and current data that is being passed to and from
you will result in breach even if we have been advised of the possibility thereof.
The Company reserve the right to suspend or terminate any account or transaction from you if
you provide us with information that is untrue, inaccurate, not current or incomplete. You may
not use the Payment Gateway for any illegal purpose or in any manner inconsistent with the
terms and conditions set forth in these Terms. You agree that our services shall only be used for
lawful purposes. Any transaction or transmission which violates federal, state or local laws is
expressly prohibited. You hereby authorize us to investigate and confirm the information herein.
For this purpose we may utilize credit bureau/reporting agencies and/or our own agents. Upon
your request, we will provide you with a copy of the results of such investigation if needed.
However, you must request such documentation within fourteen (14) days of becoming aware of
Any claim or legal action arising out of disputes, failures, misrepresentations, malfunctions, or
defects shall be waived and in no event shall our liability exceed the total amount in convenience
fees you paid to us hereunder.
You agree, as a company and/or as an individual, to defend, indemnify, and hold us harmless
from any and all claims resulting from your use of any services contemplated under these Terms,
which cause damage to you or any other party. We will not be responsible or liable for
unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent
means or devices.
We retain full ownership of all data submitted by you through the Payment Gateway.
DISCLAIMERS OF WARRANTIES.
THE COMPANY PROVIDES THE SITE “AS IS” AND “AS AVAILABLE”. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKE NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE,
OR CONTENT INCLUDED IN THE SITE. THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND
(INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE,
USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. COMPANY URGE YOU TO KEEP BACKUP COPIES OF
YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE
SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR
REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, COMPANY ARE NOT
RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND
LONGITUDE CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL
FAULTS,” AND WITHOUT WARRANTY OF ANY KIND.
LINKS TO THIRD PARTY SITES.
As a convenience, the Company may provide links to third-party websites from the Site. We are
not responsible for and do not endorse the informational content or any products or services
available on any third-party website and do not make any representations regarding its content or
accuracy. We take no responsibility and assume no liability for any content in such sites, or for
any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or
profanity contained on such sites. We are not liable for any technological, legal or other
consequences that arise out of your visit or transactions on any third-party or non-Company
websites. Your use of third-party websites is at your own risk and subject to the terms and
conditions of use for such sites. This means that we are not your agent and will not be a party to
any contract you enter on such third-party sites. Please be aware that we are not responsible for
the privacy practices of such other websites. We encourage you to be aware when leaving our
Site of the privacy statements and terms and conditions of each website that collects personally
WAIVER AND RELEASE OF LIABILITY
YOUR ACCESS AND USE OF THE SITE IS AT YOUR OWN RISK. To the fullest extent
permitted by law you hereby waive and release us from any and all claims, losses, costs or
damages of any nature whatsoever resulting from or in any way related to your use of this Site. It
is intended that this limitation apply to any and all liability or cause of action however alleged or
arising. The Company will not be liable to you for loss of profit or revenue, loss of business
opportunity, loss of use, product liability, or for any incidental, special, indirect, punitive or
consequential damages arising out of or in connection with your use of this Site. The ratings and
reviews posted on the Site are opinions and could be changed by a third party. If you choose to
live at the property based on the ratings or reviews posted here, the Company is not liable for any
actions arising from this service. Third parties will have access to view any ratings and reviews
that you post on this Site, and Company is not liable for any actions or liability that may arise
from such access. Company is not liable for the information contained in this Site that is posted
by third parties, and no warranties arise from this service, including if the information is false.
This waiver and release shall apply to all claims, whether under the law of contract, equity, tort,
strict liability or otherwise.
EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY, ITS
EMPLOYEES, AGENTS, OFFICERS, OR REPRESENTATIVES ARE LIABLE TO YOU OR
ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST
REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY
OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR
PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL
THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN
TOTAL, THE AMOUNTS PAID BY YOU TO US.
MISCELLANEOUS; ENTIRE AGREEMENT.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone
without the express written permission of the Company. Any attempt by you to assign, transfer
or delegate these Terms without the express written permission of the Company will be null and
void. We have the right to transfer, assign and delegate these Terms to one or more third parties
without your permission.
If any part of these Terms is determined to be invalid or unenforceable, then 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 will
continue in effect. These Terms (including any related consents or agreements that you provide
during your visit to the Site) constitutes the entire agreement between you and us with respect to
the Site and supersedes all other prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and us regarding the Site and/or any order you
place through it.
The failure of any party to exercise or enforce any right or provision of these Terms, including
any failure to act with respect to a breach, will not constitute a waiver of such right or provision
or that party’s right to act with respect to subsequent or similar breaches. We suggest that you
print out a copy of these Terms for your records.
The Company makes reasonable efforts to comply with all payment processing rules and
GOVERNING LAW; FORUM AND VENUE SELECTION
Your access to this website is governed by all applicable federal, state and local laws. These
Terms shall be governed by and construed in accordance with the laws of the State of Texas,
without giving effect to any principles of conflicts of law. Any dispute between you and us
regarding the content or use of this website may be resolved by mediation, with hearings held in
the English language in the United States of America and shall not be joined with any dispute
that any other person or entity may have with us.
You agree that any cause of action arising out of or relating to these Terms must commence
within one (1) year after the cause of action arose; otherwise, such cause of action is permanently
barred. Jurisdiction of any legal proceeding arising hereby shall be exclusively adjudicated in
Dallas, Texas, United States of America. You hereby agree that any action at law or in equity
arising out of or relating to these Terms or the Site shall be filed only in the state or federal
courts located in the County of Dallas, in the State of Texas. Further, you hereby expressly
consent and submit to the personal jurisdiction of such courts for the purposes of litigating any
For questions or concerns about the use of personal information or about these Terms, please
contact by phone at 407-999-9985.
How did I get subscribed to your Service?
There are two ways you can opt-in to our services. The first is via the web (on a form).
Am I being charged for these messages?
Neither Company nor a property involved in these messages is directly charging you to receive
these messages. However, standard message and data rates do apply for our services.
Terms and Conditions for message texting.
You must be 13 years or older and a legal resident of the United States of America to
receive/send text messages in affiliation with any of these subscriptions. By your participation in
these property subscriptions, you certify that you are at least 13 years of age and meet any other
age and residency requirements of the property.
The property does not claim or guarantee availability or performance of this service, including
liability for transmission delays or message failures.
Any information you may provide or that maybe collected through this service is subject to our
Fees & Frequency
Neither your apartment complex nor Company charges a fee for any of the subscriptions listed
above. You may receive up to 10 messages per month for all services. This varies by
subscription level and resident status.