multi-family real estate development with a mission to bring big style in smart spaces by delivering high quality, amenity rich, and branded environments at approachable rents. Unless explicitly stated otherwise, any new feature or service that augments or enhances the current services, shall be subject to these Terms of Service (“Terms”).

Terms of Service

1. By using or visiting the FLATSLIFE.com website (“FLATSlife”), signing a lease or lease application with FLATS, or using any of FLATS’ products, services, or software (collectively, the “Service”), you signify your agreement to (1) these Terms and (2) FLAT’s Privacy Policy found below. If you do not agree to any of these Terms or the Privacy Policy, please do not use the Service. The term “you” or “User” refers to a user of the FLATS Service. The term “we” refers to FLATS.

2. We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.

Eligibility

3. You must be 18 years of age or older and reside in the United States to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited. Except as otherwise expressly provided in these Terms, the Service is for personal, individual, non-commercial use only and you represent and warrant that you are not using the Service on behalf of any third person or entity.

4. The supply of goods, services and software through the Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Service, if at all, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Service if: (1) you are in, under the control of, or a national or resident of any embargoed county, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, services or software to any embargoed county (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

Privacy and your Personal Information

5. For information about FLAT’s privacy and data protection practices, please read FLAT’s Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how FLATS treats your personal information when you access the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

6. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].

FLATS and Third Party Links

7. In connection with the Services, the Service may provide links to other web sites belonging to third parties. FLATS does not endorse, warrant or guarantee the products or services available through these third parties and FLATS is not an agent or broker or otherwise responsible for the activities or policies of those web sites. When you access third party websites or use third party services, you accept that there are risks in doing so, and that FLATS is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

8. FLATS has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, FLATs will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your Use of the Service

9. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes.

10. Accurate records enable FLATS to provide the Service to you. In order for the Service to function effectively, you must also keep your contact information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

11. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that FLATS, in its sole discretion, may elect to take.

12. You agree that FLATS may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant FLATS a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to FLATS in any way.

13. You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including FLATS);

(b) Violates any law or regulation;

(d) Jeopardizes the security of your FLATS account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

FLATS’ Intellectual Property Rights

14. The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to FLATS or its software or content suppliers. FLATS grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. You agree to not engage in the reproduction, copying, downloading or distribution of any of the contents of the in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of FLATS or the other applicable copyright owner. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Disclaimer of Representations and Warranties

15. THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FLATS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

16. FLATS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FLATS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Limitations on FLATS’ Liability

17. FLATS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM (1) YOUR ACCESS OR INABILITY TO ACCESS THE SERVICE; (2) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE FLATSLIFE SITE OR ANY OTHER PERSON OR ENTIT; OR(3) THIS AGREEMENT, EVEN IF FLATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FLATS’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU OR $500.00 (FIVE HUNDRED UNITED STATES DOLLARS), WHICHEVER IS LESS. MOREOVER, UNDER NO CIRCUMSTANCES SHALL FLATS, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO FLATS SITES OR CHANGE THE FLATS SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19. THE SERVICE IS CONTROLLED AND OFFERED BY FLATS FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. FLATS MAKES NO REPRESENTATIONS THAT FLATSLIFE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE FLATSLIFE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THOSE LOCAL LAWS. IN ADDITION, THOSE INDIVIDUALS WHO DECIDE TO ACCESS AND/OR USE THE WEBSITE ARE FULLY RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND THE PRIVACY POLICY, WHETHER OR NOT THEY HAVE THE ABILITY TO READ AND UNDERSTAND WRITTEN ENGLISH.

Your Indemnification of FLATS

20. You shall defend, indemnify and hold harmless FLATS and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

21. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF ILLINOIS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned. You understand that, in return for agreement to this provision, FLATS is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

22. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Forum for Disputes

23. This Agreement, and your relationship with FLATS under this Agreement, shall be governed by the laws of the State of Illinois in the United States of America without regard to its conflict or choice of laws provisions.

24. You also acknowledge and understand that, with respect to any dispute with FLATS, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

· YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

· YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

TENANT SELECTION CRITERIA:
LEASE, APPLICATION, FAIR HOUSING ACT AND JUST HOUSING ORDINANCE

25.

IN COMPLETING A LEASE APPLICATION THROUGH THE SERVICE, YOU ARE APPLYING TO LEASE AN APARTMENT WITH FLATS AND WILL BE DELIVERING PERSONAL INFORMATION TO FLATS INCLUDING, BUT NOT LIMITED TO, YOUR LEGAL NAME, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER. BY AGREEING TO THESE TERMS, YOU EXPRESSLY AGREE TO HOLD HARMLESS FLATS FOR ANYTHING RELATED TO THE PERSONAL INFORMATION DISCLOSED HEREIN.

FLATS fully supports the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, which generally prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

Regarding the Just Housing Ordinance (“JHO”) passed in Cook County on April 25th, 2019, FLATS has adopted the Tenant Selection Criteria below in order to ensure compliance with the ordinance. It is within our mission to eliminate discrimination in real estate transactions and uphold the provision of the JHO. On December 31, 2019, FLATS will introduce the updated Tenant Selection Criteria below in the application process for tenants.

Consideration of criminal history information: FLATS considers an applicant’s criminal history according to the guidelines of federal, state and local law. Pursuant to Cook County Human Rights Ordinance, FLATS does not inquire about, consider, or require disclosure of an applicant’s criminal criteria for housing. Applicant has the right to provide FLATS with any and all evidence of rehabilitation and/or other mitigating factors. Applicant may produce any evidence that disputes the accuracy or relevance of information related to any criminal conviction(s) of Applicant.

The website of Cook County Commission on Human Rights is available at:

https://www.cookcountyil.gov/service/complaint-filing-and-investigation

69 W. Washington St. Suite 3040, Chicago, IL 60602

312-603-1100

[email protected]

The first step in determining whether an applicant is eligible for rent or lease is to complete an initial prequalification screening which includes income verification, payment history, credit history, rental history, etc. Only after the prequalification screening has been approved, may FLATS proceed with conducting a criminal background check on the applicant.

AN INDEPENDENT THIRD PARTY WILL CALCULATE DEBT TO INCOME AND RENT TO INCOME RATIOS TO HELP DETERMINE AN APPLICANT'S ABILITY TO ACCEPT FINANCIAL RESPONSIBILITY FOR THE LEASE. ALL APPLICATIONS ARE REQUIRED TO PROVIDE SUBSTANTIATED EVIDENCE OF COMBINED INCOME OF AT THREE TIMES THE MOTNHLY RENT, UNLESS OTHERWISE STATED LIMITS ARE SET ON A PER PROPERTY BASIS.

Tenant supplied screening reports will not be accepted.

Applicant may be denied for providing false, inaccurate or misleading information or for submitting an incomplete application. Unless approved for a special program based on your circumstances in advance, your application may be denied for any of the following reasons:

Identification & Income

Lack of substantiated proof of income
Monthly household income less than Two and One Half (2.5) or Three (3) times the Tenant’s portion of the rent amount for the unit applied for. Minimum income requirements are set per property and apply property wide.

Credit History

Unverifiable social security number
Open bankruptcy
Bankruptcy dismissed or discharged within the past 36 months
Judgment or collection for unpaid rent
Judgment or collection for damage to rental unit
Other Judgments or collections: Medical and Student Loans disregarded
Foreclosure in the past 24 months
Past due mortgage
Tax lien

Eviction and Judgment

Eviction (Unlawful Detainer Action) filed in the past 60 months
Judgment or collection for unpaid rent
Judgment or collection for damage to rental unit

Rental History

Unverifiable rental history
Less than 36 months of rental history
Unfulfilled lease obligation(s)
Current or past balance owing for deposit, rent, fees or damages
Eviction pending
1 or more eviction within a 60-month period
3 or more late payments within a 12-month period
2 or more NSF checks in a 12-month period
2 or more complaints in a 12-month period
Unauthorized pet(s)
Unauthorized occupant(s)
Damage to the property
Recorded Lease Violations

Other:

Inability to establish utility services in the name of the tenant(s) on day of move in.
Inability to obtain Renter’s Insurance which is required of all tenants.
Falsification of any information reported on application form.
Inability to verify information provided
Incomplete rental application form
Failure to provide any requested or missing data within 1 business day of being notified of the need for the information.
Inability to move in or start tenancy on the advertised available date of the rental.
Inability to pay the full first month’s rent and required minimum payments on deposits, fees and other move in charges on agreed date/move-in date.
Providing disqualifying information or insufficient information when necessary in applying for affordable or subsidized units.

Criminal History

Article II of the Cook County Human Rights Ordinance (“Ordinance”) prohibits unlawful discrimination,

as defined in §42-31, against a person because of any of the following: race, color, sex, age, religion,

disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge,

source of income, gender identity or housing status. Additionally, any written or unwritten housing

policy or practice that discriminates against applicants based on their criminal history, as defined in §

42-38(a) of the Ordinance, is a violation of the Ordinance. Any written or unwritten housing policy or

practice which discriminates against applicants based on their convictions prior to the completion of an individualized assessment violates the Ordinance. Conviction means a judgment of liability entered upon a plea, verdict or finding of guilt for an offense, rendered by a legally constituted jury, court or administrative authority of competent jurisdiction, as defined in § 42-38(a) of

the Ordinance. Conviction excludes any "juvenile record".

FLATS SCREENS ALL APPLICANTS IN FULL COMPLIANCE WITH THE FEDERAL FAIR HOUSING ACT, THE COOK COUNTY HUMAN RIGHTS ORDINANCE, AND THE JUST HOUSING ORDINANCE. FLATS DOES NOT DISCRIMINATE BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS OR HANDICAP.

If applicant’s criminal background report shows a conviction from the last 3 years (that does not involve sex offender registration), FLATS will conduct an individualized assessment as defined in §42-38(a) of the Ordinance, to determine whether the criminal conviction(s) negatively impacts the applicant’s ability to fulfill the responsibility of tenancy. A copy of the criminal background check will be provided to the applicant in person, by certified mail, or by electronic communication. In accordance of Section 740.110 of JHO, the applicant shall have five (5) business days from the postal or electronic mail date stamp to notify the housing provider in writing of the applicant’s intent to dispute the accuracy or the relevance of the information. The applicant shall have an additional five (5) business days to produce evidence that disputes the accuracy and/or relevance of any information contained within the criminal background check. After receiving any mitigating evidence from the applicant, FLATS will complete the individualized assessment, within 3 days of receiving such mitigating evidence. The individualized assessment will examine whether the applicant presents a demonstrable risk as defined in Section 720.120 of JHO. Categories of criminal convictions that may represent a demonstrable risk to personal safety or property, unless rebutted by factors considered in the individualized assessment, include:

Felony drug-related criminal activity defined as the illegal manufacture, sale, distribution of drugs or the intention to manufacture, sell, or distribute the drug, except such drug-related criminal activity that has been decriminalized or legalized after the date of conviction.
Violent criminal activity defined as any criminal activity that involves the use, attempted use, or threatened use of physical force that causes or that is substantial enough to cause serious bodily injury or property damage.

FLATS will consider the following criteria when examining the above-mentioned convictions during the individualized assessment:

The nature, severity, and recency of the conduct underlying the applicant’s specific conviction(s);
The nature of the sentencing;
The number of individual convictions;
The age of the individual at the time of the most recent conviction;
Evidence of rehabilitation;
The applicant’s tenant history before and/or after the conviction;
Whether the criminal conviction(s) was related to or a product of the applicant’s disability;
If the applicant is a person with a disability, whether any reasonable accommodation could be provided to ameliorate any purported or demonstrable risk.

Within 3 days after receiving the applicant’s mitigating evidence, if after completing an individualized assessment FLATS then deny admission based on a conviction, a written denial explaining why the applicant’s conviction history creates a demonstrable risk to personal safety and/or property of others will be provided to applicant.

If applicant’s criminal conviction history shows certain convictions that requires sex offender registration, the applicant will have five (5) days to submit evidence that disputes the accuracy of the sex crime conviction. A copy of the conviction report will be provided to the applicant in person, by certified mail, or by electronic communication.

Within 3 business days of receiving any evidence to dispute the accuracy of the sex crime conviction, if the conviction has not been found to be inaccurate, the reasons for the denial will be in writing and sent to the applicant.

ALL APPROVED APPLICATIONS are required to sign their lease and submit any move-in, administrative & first month rental fees within timeline specified within the notice of application approval. No apartments are held without competition of signed lease and any other considerations required of the property.

Miscellaneous

26. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

27. You agree that if FLATS does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which FLATS has the benefit of under any applicable law), this will not be taken to be a formal waiver of FLATS’ rights and that those rights or remedies will still be available to FLATS.

28. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

QUESTIONS OR COMMENTS ABOUT OUR TERMS, PRIVACY POLICY, OR OTHER ASPECTS OF THE SERVICE CAN BE DIRECTED TO (855) 443-5287, EMAILED TO [email protected], OR SENT BY US MAIL TO: FLATS, 1020 W LAWRENCE AVE, SUITE 300 CHICAGO, IL 60640.

Effective May 10, 2018

PRIVACY POLICY

Flats, LLC (“FLATS”) understands how important the privacy of personal information is to our users. At FLATS, we want to make your experience satisfying and safe. This statement governs information you provide to us or we learn from your use our FLATSlife.com website, signing a lease or lease application with FLATS, or using any of the FLATS’ products, services, or software (collectively, the “Service”). Please read the following to learn more about our Privacy Policy (the “Policy”). The term “you” or “your” generally refers to the individual reading this Policy and/or using the Service.

In order to preserve your trust, we want you to understand what information we may collect from you, how we use such information, and the choices you have regarding our use of this information. This Policy explains how FLATS and some of the companies we work with collect, use, share and protect information in relation to the Service.

What does this Privacy Policy Cover?

This Policy applies to all users and others who access the Service ("Users") and is part of FLATS’ Terms of Service (which can be accessed above). By accessing or using the Service, or providing information to us in connection with the Service, you expressly and unequivocally indicate your acceptance of FLATS’ Privacy Policy.

This Privacy Policy does not apply to the practices, policies, or procedures employed by third parties and/or entities that FLATS does not own, manage or control, or to individuals and others whom FLATS does not employ, contract, manage, or control.

What information do we collect?

FLATS collects the following types of information:

· Lease Applicant Information: In connection with a lease application, FLATS collects certain personal information of the applicant including but not limited to legal name, date of birth, address, and social security number.

· Email Address: FLATS may, at the option of its users, collect an email address.

· Market Research: From time to time, the Website may conduct online research surveys through email invitations, pop-up surveys and online focus groups. When participating in a survey, we may ask you to enter Personal Information. When our market research surveys collect Personal Information we will not knowingly accept participants who are under the age of 13. Market research surveys conducted by or on behalf of FLATS will contain a link to this Privacy Policy.

· Cookies and similar technologies: When you use the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Service and provide features to you. With the most common browsers you have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies you may not be able to use all of FLATS’ available features and services.

· Log file information: Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the webpage, domain names, landing pages, pages viewed, and other such information. The information allows for FLATS to provide you the features of the Service and for more accurate reporting and improvement of the Service.

What do we use your information for?

The Lease Applicant information is use by FLATS to process your lease application.

Any of the other information we collect from you may be used in one of the following ways:

· To send information related to FLATS products, services, and happenings, including newsletters and emails.

· To administer your account, respond to your inquiries and send you administrative communications

· To improve, test, and monitor the effectiveness of the Service (we continually strive to improve the Service based on the information and feedback we receive from you).

· To develop and test new products and features;

· To statistically analyze user behavior and activity

· To conduct research and measurement activities

· To diagnose or fix technology problems.

· To send you personalized emails or secure electronic messages pertaining to your interests, including news, announcements, and reminders.

FLATS does not sell or share any information of any kind with any third party, nor does FLATS use any information for advertisements unrelated to the marketing and promotion of FLATS Services.

How can I modify my information?

You may update, correct or delete your Personal Information by contacting us at [email protected]. You may opt out of receiving promotional newsletters from FLATS or our Sponsors at any time.

How do we disclose your information?

Except as noted in this Policy, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information without your consent. Additionally, FLATS does not use any personally identifiable information for advertisements unrelated to the marketing and promotion of the Service.

We may share your information (including but not limited to, information from cookies, log files, device identifiers, and usage data) with businesses that are legally part of the same group of companies that FLATS is part of, or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates' own services (including by providing you with better and more relevant experiences).

We also may share your information with third-party organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.

We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

We may collect and release Personally Identifiable Information and/or non-personally-identifiable information only if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened.

What Happens in the Event of a Change of Control?

If we sell or otherwise transfer part or the whole of FLATS or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information collected through the Service may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

How We Store Your Information?

The Service is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to: THE USE OF YOUR PERSONAL DATA FOR THE USES IDENTIFIED ABOVE IN ACCORDANCE WITH THIS PRIVACY POLICY; AND THE TRANSFER OF YOUR PERSONAL DATA TO THE UNITED STATES AS INDICATED ABOVE.

We use commercially reasonable safeguards to help keep the information collected through the Service secure. However, FLATS cannot ensure the security of any information you transmit to FLATS or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

Third party links:

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party's own rules and policies.

California Online Privacy Protection Act Compliance:

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Children's Online Privacy Protection Act Compliance:

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. The Service is directed to people who are at least 13 years old or older.

Terms and Conditions:

Please also visit our Terms of Uses section establishing the use, disclaimers, and limitations of liability governing the use of the Service at (which can be accessed above).

Changes to our Privacy Policy:

FLATS may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of FLATS or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

This policy was last modified on May 10, 2018

Contacting Us:

If there are any questions regarding this privacy policy, you may contact us at [email protected], or by US Mail to: 1020 W Lawrence Ave, Suite 300 Chicago, IL 60640.