Terms & Conditions
These Terms and Conditions (“Terms”) govern your access to and use of IMT Residential’s websites and related tools, including the Resident Kiosk™ (collectively, the “Services”). These Terms form a binding agreement between you and IMT Residential (“IMT,” “we,” “us,” or “our”). By accessing or using the Services, you acknowledge that you have read and understand these Terms and agree to be bound by them. If you do not agree, do not access or use the Services.
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of the Terms, and we may provide additional notice as required by applicable law. Your continued access to or use of the Services after updated Terms are posted constitutes your acceptance of the updated Terms.
Certain features of the Services may be subject to additional terms, rules, or guidelines, which are incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, and disclose information in connection with the Services and is incorporated into these Terms by reference. If there is a conflict between these Terms and any additional terms applicable to a specific feature, the additional terms will control for that feature.
To use certain features of the Services (including, for example, completing a rental application, making payments, sending or receiving messages, or using resident tools), you may be required to register with IMT and create an account (“Account”).
Except with respect to collection of information required to determine unit occupancy within our online leasing process, IMT does not knowingly collect or maintain Personal Information through the Services from individuals it knows are under 13 years of age, and IMT does not permit children under 13 years of age to become registered users. No part of the Services is intended to attract anyone under 13. By using the Services, you represent that you are not under 13 years of age.
Electronic Communications; Electronic Signatures; Text Messages
By using the Site and/or the Resident Kiosk™ or creating an Account, you consent to receive communications from IMT electronically (for example, by email, through the Site/Resident Kiosk™, or by posting notices). You agree that all notices, disclosures, agreements, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. If we offer text messaging (SMS/MMS), you consent to receive text messages to the mobile number you provide. Message and data rates may apply. Message frequency varies. You may opt out at any time by replying STOP, and you may request help by replying HELP. Consent to receive text messages is not required to use core resident services.
1. Scope of Use
You agree to use the Site and Services for your personal use and for lawful purposes related to renting, applying to rent, residing at, or otherwise interacting with IMT and its properties and services, and in a manner consistent with applicable laws and regulations. IMT may cancel Your Account or prohibit Your use of the Site and/or Services at any time without notice if IMT believes, in its sole and absolute discretion, that You have violated these Terms. IMT may also remove any information or communications posted by You on the Site if IMT believes, in its sole and absolute discretion, that You have violated these Terms.
2. Information Contained on the Site &/or through the Resident Kiosk™
The information contained on the Site and/or through the Resident Kiosk™ service is not guaranteed or represented to be complete, correct, or up-to-date, including but not limited to information regarding rental rates, unit availability, property neighborhood information, property features or amenities, available job opportunities and third party classified ads. You may not act or rely on any information on the Site or made available through the Resident Kiosk™ service, and You particularly should not make any investment or purchasing decisions based on any such information. You must independently verify the accuracy of all such information before acting or relying thereon or making any decisions in connection therewith. The information provided on the Site or through the Resident Kiosk™ service may be changed without notice at any time.
The Site and the Resident Kiosk™ service may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction, features or amenities per property, property neighborhood information and or open employment positions. IMT shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor applications or information affected by such inaccuracies. IMT reserves the right to make changes, corrections, cancellations and/or improvements to the Site and the Resident Kiosk™ service, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
The information contained on the Site or available through the Resident Kiosk™ service does not necessarily reflect the opinions of IMT or any of its agents or representatives.
ALL INFORMATION PUBLISHED ON THE SITE AND/OR THROUGH THE RESIDENT KIOSK™ SERVICE IS NON-BINDING UPON IMT AND PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR COMPLETENESS OF DATA AND/OR RESULTS.
IMT Residential and its affiliated websites are committed to safeguarding the privacy and confidentiality of visitors, applicants, and residents. IMT does not use resident- or applicant-specific personally identifiable information to set base rent pricing for individual units. Rental pricing is generally determined based on market conditions and property-level factors, and we may use third-party market data and analytics tools for this purpose.
Our pricing practices are intended to comply with applicable law and reflect our commitment to transparency and fairness. Rental rates are generally determined based on market conditions and property-level factors (such as location, unit characteristics, and availability), and not based on resident- or applicant-specific personally identifiable information.
IMT Residential continually reviews its data usage policies to maintain alignment with legal standards and to honor the trust placed in us.
3. Posting Information & Ads
The following rules apply when using the Site and/or the Resident Kiosk™ service, including but not limited to when You are posting information, sending emails or communications, or placing classified ads (the “Posted Information”).
You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others through use of the Site or the Resident Kiosk™.
You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information on or through the Site or the Resident Kiosk™.
You may not violate the privacy rights of others through use of the Site or the Resident Kiosk™.
Except and unless required for purposes of a transaction, any use or posting of such personal information of third parties is strictly prohibited by IMT.
Uploading or sending files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another’s computer is strictly prohibited.
You may not delete or modify any author attributions, legal notices or proprietary designations or labels on any information that is published, posted, advertised, distributed, disseminated, or uploaded on the Site.
You may not falsify the content, origin or source of the Posted Information uploaded by you. You represent and warrant to IMT that all Posted Information uploaded by You will be complete and accurate.
You may not conduct or forward surveys, contests, chain letters, or commercial solicitations through the Site or the Resident Kiosk™.
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 may not probe, scan, or test the vulnerability of the Site, the Resident Kiosk™ application and/or any third-party service or network, or any other network accessible via the Site or the Resident Kiosk™ service.
You may not use the Site or the Resident Kiosk service to obtain or seek to obtain any information or other materials or services not purposefully made available to you via the Site and/or the Resident Kiosk™ service, including but not limited to Account details, transaction information or other personal, confidential information of other users of the Site and/or the Resident Kiosk service.
You may not interfere with or compromise any security measures in the Site, the Resident Kiosk™ service and/or any third-party service or network.
You may not take any action to discover, intercept, disrupt or otherwise interfere with any transactions of other users of the Site and/or the Resident Kiosk™ service.
You may not permit, enable or assist any other person or entity in doing anything restricted or prohibited by these Terms. You acknowledge and agree that all Posted Information on the Site or the Resident Kiosk™ is public and not private communications. You agree that IMT is not responsible for the contents or accuracy of any Posted Information from any third party, and that IMT is not responsible for any results or any transactions relating to or arising out of any Posted Information on the Site or through the Resident Kiosk™, 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 on the Site or through the Resident Kiosk™.
Remember that people can access the Site or the Resident Kiosk™ and post material of their choosing, including information that may be intentionally offensive, incorrect, or misleading. You further acknowledge that the Posted Information uploaded by other users is not endorsed by IMT, that such communications shall not be considered reviewed, screened, or approved by IMT, and that some people may find such communications to be offensive or inappropriate. You should use appropriate caution.
You hereby agree that any reliance, action or inaction by You in connection with any such Posted Information on the Site and the Resident Kiosk™ is at Your sole risk. You hereby represent and warrant that all information, communications and other materials (“Material”) You deliver to IMT or create, upload, store and/or send on or through the Site, the Resident Kiosk™, or any parts thereof, is Your originally created Material (or that You are otherwise authorized to use and provide it in the manner in which You are doing so) and that the Material does not infringe and will not infringe upon or violate in any way the copyright, common law right, or any other rights of any person, firm or corporation, nor does or will the materials, or any part thereof, violate any rights of privacy or right of publicity or constitute libel or defamation or otherwise violate or infringe upon any other lawful right of any person, firm or corporation. You further waive all moral rights, if any, associated with Your Material.
By publishing, posting, advertising distributing, disseminating, or uploading any Material to the Site or the Resident Kiosk™, other than Personal Information (defined below), You hereby grant to IMT a fully paid up, royalty free, worldwide and perpetual license to the Material and agree that IMT may in its discretion freely use, republish, make derivative works from, or sell that Material and anything derived therefrom for its exclusive benefit or for the benefit or others, without any compensation (financial or otherwise) or attribution to You. You hereby assign to IMT all rights, title and interest in all ideas, suggestions or comments You provide in connection with Your use of the Site and/or the Resident Kiosk™. For purposes of these Terms, “Personal Information” has the meaning set forth in IMT’s Privacy Policy.
4. Your Account
Your IMT Account is nonexclusive and nontransferable. It shall continue for an indefinite period of time until the Account is terminated by You or IMT. IMT may, in its complete and sole discretion, disable, suspend or terminate Your Account at any time with or without notice for any reason, including but not limited to if You fail to comply with these Terms. It is Your sole responsibility to keep your Account data current and accurate and to back up Your Account data to prevent a loss of data. IMT shall have no liability for the loss of Your Account data regardless of the cause of the loss.
You are responsible for all activities that occur under your Account, including without limitation, any breach of these Terms. Accordingly, you should not share your Account log-in information with any third party or allow any third party to access, share or use your Account.
You agree to immediately notify IMT if you believe there may be any unauthorized access or use of your Account, or any other security concern.
5. Rental Applications
Your submission of a rental application, and any confirmation of receipt of Your application via the Site or the Resident Kiosk™ service, does not constitute a binding legal agreement between you and IMT, nor does it guarantee any rental price, the amount of any required deposits and fees (including but not limited to the application fee), availability of any unit at the requested property, move-in dates or any other information, request, term or condition. All applications must be approved by IMT and confirmed by staff onsite at the property. If Your application is approved, the governing terms and conditions shall be fully and completely set forth in a written lease, which must be accepted and executed by both You and IMT. Payments made through the Services are subject to the “Payments, Fees, and Charges” section.
6. Payments, Fees, and Charges
If you make a payment through the Site or Resident Kiosk™, you authorize IMT and/or our third-party payment processor to charge the payment method you provide for the amount you approve, including rent, deposits, fees, utilities, and other charges associated with your account or tenancy, as applicable. Before you submit a payment, you will have an opportunity to review the total amount to be charged. Optional services or add-on features (if offered) will be identified as optional. Payment processing services may be provided by third parties and may be subject to the third party’s terms and privacy practices. If a payment is returned, rejected, reversed, or otherwise not successfully processed, you remain responsible for the amounts owed and any applicable charges permitted by law and your lease or other governing documents. IMT may correct errors and may cancel or refuse to process a transaction where permitted by law. Where required by applicable law, IMT will present advertised prices and mandatory fees or charges on an “all-in” basis. Any optional fees or add-on services will be clearly identified as optional. Fees and charges applicable to your transaction will be disclosed before you submit an application or payment.
7. Operation of the Site and the Resident Kiosk™
You may not access the Site or Resident Kiosk™ using automated means (including bots, scrapers, or scripts) except as expressly permitted in writing by IMT, and you may not attempt to gain unauthorized access to any accounts, systems, or networks (including through credential stuffing or similar techniques).
The unavailability of the Site and/or the Resident Kiosk™, regardless of the reason, shall not extend the date upon which any rent or other payment is due or extend any deadline by which You are required to take some action. You agree that the Site and the Resident Kiosk™ are made available solely for convenience and that it is Your responsibility to ensure that any action You are required to take, including but not limited to the payment of rent, is timely.
The Site and/or the Resident Kiosk™ may have unexpected downtime or outages which may cause a loss of data You have provided and/or stored on the Site or the Resident Kiosk™. You agree that it is Your responsibility to maintain backup files of Your data and that IMT shall have no liability for any loss of Your data.
You understand and agree that although IMT may place notices on the Site and the Resident Kiosk™ from time to time regarding the possibility of adding extra features to the Site and the Resident Kiosk™. Such notices are in no way a guarantee to provide such features or services at any time.
8. Self-Guided Touring
By participating in the self-guided tour, you acknowledge and agree to the following terms and conditions:
1. Self-Guided Tour Participation: You understand that participation in a self-guided tour is entirely voluntary and that Landlord is not liable for any incidents, injuries, or damages that may occur during the tour.
2. Responsibility for Personal Belongings: While touring the premises, you are solely responsible for your personal belongings and any items you bring onto the property. Landlord is not liable for the loss, theft, or damage of any personal belongings during the tour.
3. Property Damage: You agree to take the utmost care while on the premises. If any property damage occurs during your self-guided tour, either intentionally or unintentionally, you acknowledge that you may be responsible for the reasonable costs of repair or replacement, and for minor damage IMT may assess an administrative fee up to $500 where permitted by law.
4. Theft or Vandalism: In the unfortunate event of theft or vandalism occurring during your self-guided tour, you understand that Landlord may pursue legal action against you and that you may be responsible for the reasonable costs of repair or replacement, and for minor damage IMT may assess an administrative fee up to $500 where permitted by law.
5. Assumption of Risks: You acknowledge and accept that there may be certain risks associated with a self-guided tour, including but not limited to potential hazards within the property, uneven surfaces, or other conditions that could lead to accidents or injuries. By participating in the self-guided tour, you assume all risks associated with the tour and release Landlord from any liability related to such risks.
6. Conduct and Compliance: During the self-guided tour, you agree to abide by all applicable laws, rules, and regulations, including those related to property access and conduct. Failure to comply with these rules may result in immediate termination of the tour and possible legal consequences.
7. Property Accessibility and Hours: Self-guided tours are available only during specified business hours, and access to certain areas of the property may be restricted. You agree not to enter any restricted areas during the tour.
9. Colorado Portable Screening
Portable Tenant Screening Reports (PTSR): 1) Applicant has the right to provide any IMT Residential community in Colorado and only Colorado with a PTSR that is not more than 30 days old, as defined in
- 38-12-902(2.5), Colorado Revised Statutes; and 2) if Applicant provides IMT Residential with a PTSR, IMT is prohibited from: a) charging Applicant a rental application fee; or b) charging Applicant a fee for IMT to access or use the PTSR.
If Applicant provides IMT Residential with a PTSR: a) the PTSR must be available IMT Residential by a consumer reporting agency/third-party website that regularly engages in the business of providing consumer reports; b) the PTSR must comply with all state and federal laws pertaining to use and disclosure of information contained in a consumer report by a consumer reporting agency; and c) Applicant certifies that there has not been a material change in the information in the PTSR, including the Applicant’s name, address, bankruptcy status, criminal history, or eviction history, since the PTSR was generated.
10. Intellectual Property
IMT solely and exclusively owns all intellectual property and other rights, title and interest in and to the Site, the Resident Kiosk™ and Services, including, but not limited to, the IMT name, logo(s), trademarks, Site content, and the look and feel of the Site, the Resident Kiosk™ and all marketing and other business materials contained on the Site and the Resident Kiosk™. All content located on or provided through the Site and/or the Resident Kiosk™ is the sole and exclusive property of IMT and is protected by United States Federal Copyright and Trademark law. Unauthorized use of the content may violate copyright, trademark, patent, and/or other federal or foreign laws.
You agree (a) not to copy, transfer, assign, rent, resell, distribute or use Your Account, the Site and/or the Resident Kiosk™ other than as expressly authorized in these Terms, (b) not to remove any copyright notice, trademark notice, and/or other proprietary legend or indication of confidentiality set forth on or contained on the Site or the Resident Kiosk™, and (c) to refrain from using the Site or the Resident Kiosk™ for any other purpose other than as expressly authorized in these Terms.
You may not reverse engineer, decompile, recompile, precompile, disassemble, hack, port, or otherwise attempt to discover the source code, object code, or underlying structure of the Site, the Resident Kiosk™, or any software, documentation, or data related to IMT. You may not merge or modify any of the Site or the Resident Kiosk™, nor may You create derivative works or publishing of the Site or the Resident Kiosk™.
11. No Support
Nothing in these Terms shall obligate IMT to provide any technical support for the Site or the Resident Kiosk™. IMT may, but shall be under no obligation to, correct any defects in the Site and the Resident Kiosk™. You hereby agree to promptly report to IMT any defects You find in the Site and/or the Resident Kiosk™ to aid IMT in creating improved revisions of such items.
12. Third Party Links
The Site may contain links to websites operated by parties other than IMT. Such links are provided for Your reference only. IMT does not control outside websites and is not responsible for their contents. IMT’s inclusion of links to outside websites does not imply any endorsement of the material on the websites or any sponsorship, affiliation, or association with their owners, operators, or sponsors, nor does IMT’s inclusion of the links imply that IMT is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol appearing on the linked website.
13. Privacy Policy
The use and disclosure of information, including Personal Information, collected on the Site and/or through the Resident Kiosk™ is governed by IMT’s Privacy Policy, which is incorporated by this reference. By accepting and agreeing to these Terms, you are acknowledging that you have read and agree to the terms of our Privacy Policy.
14. Disclaimer of Warranties
To the maximum extent permitted by applicable law, IMT provides its Site, the Resident Kiosk™ and the information contained therein, the Services and support services (if any) “AS IS AND WITH ALL FAULTS,” and hereby disclaims all warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, of fitness for a particular purpose, of non-infringement, of lack of viruses, of accuracy or completeness of data, of results, of ability to achieve a particular result, of defect or error correction, of ability to execute uninterrupted or error-free, of compatibility with any particular platform, and of lack of negligence or lack of workmanlike effort, and the provision of or failure to provide support services. THE ENTIRE RISK AS TO THE USE, QUALITY OF OR PERFORMANCE OF THE SITE, the Resident Kiosk™ AND/OR SERVICES REMAINS WITH YOU. Specifically, and without limiting the foregoing, You acknowledge that IMT has not made any representations or warranties with respect to the Site or the functionality thereof.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL IMT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD PARTIES OR AFFILIATES (THE “IMT PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES OR SALES OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, THE RESIDENT KIOSK™ OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF IMT PARTIES, AND EVEN IF THE IMT PARTIES HAVE BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
16. Indemnity
You hereby agree to indemnify, protect, defend and hold harmless IMT Parties from and against any and all claims, demands, causes of action, costs, losses and expenses (including without limitation, reasonable attorneys’ fees) arising out of or relating to Your use of the Site, the Resident Kiosk or Services, including, without limitation: (a) Your breach of these Terms, (b) Your activities in connection with the use of the Site, the Resident Kiosk™ and or Services, and/or (c) that any Posted Information that You transmit violates the law, infringes upon the privacy rights of any third party, is fraudulent or misleading, violates copyright, trademark, trade secret or other proprietary rights of any third party, or is alleged to do any of the foregoing.
17. Anti-Spam Policy
You shall not use the Site or the Resident Kiosk , in whole or in part, in any way, for the purpose of composing and/or sending unsolicited e-mail, chain letters, junk electronic mail, or any other purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom You do not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a message from You is strictly prohibited (hereinafter referred to as “Spamming”). IMT reserves the right to immediately terminate Your Account if You use the Site, the Resident Kiosk or Services, in whole or in part, for Spamming purposes, and IMT reserves the right to seek appropriate legal action as necessary for any such violation.
18. Digital Millennium Copyright Act Notice
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site or the Resident Kiosk™ service in a way that may constitute copyright infringement, you may provide notice of your claim to IMT’s designated agent listed below. For your notice to be effective, it must be in writing and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IMT to locate the material; (4) Information reasonably sufficient to permit IMT to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; ( 5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IMT reviews each notification for accuracy and completeness. Upon review of the notice, IMT may remove or disable access to the allegedly infringing content. If we do so, we will also attempt to contact the affected user and provide the affected user with a copy of the infringement notification. The user will be given the opportunity to dispute the claim of infringement.
If you have received a copyright notification from IMT, and you believe that the material reported in the copyright notification was misidentified or removed in error, you have the right to file a counter-notice challenging the claim. That counter notice must be in writing and include the following information: (1) Your physical or electronic signature (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4) Your name, address, telephone number and e-mail address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which IMT may be found, and that you will accept service of process from the person who provided notification under 15 U.S.C. § 512(c) (1)(C) or an agent of such person.
Upon receipt of a counter-notice substantially complying with the above requirements, IMT will promptly notify the original complainant and provide a copy of the counter-notice. IMT will replace or re-enable access to the allegedly infringing material within ten (10) business days following receipt of the counter-notice, unless its designated agent first receives notice from the original complainant that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on IMT’s system or network.
IMT Residential’s designated agent is:
National Marketing Director
IMT Residential
15303 Ventura Blvd, Suite 200
Sherman Oaks CA 91403
Phone: (818) 784-4700
Email: marketing@imtresidential.com
Alternatively, notification may be provided by Fax at 818-784-4788. On the cover sheet, please state whether the communication is a DMCA Notification or DMCA Counter-Notification.
19. Employment Information
IMT may make information regarding employment opportunities with IMT available through the Site and/or the Resident Kiosk™. This information is subject to all of the disclaimers regarding information in these Terms. Its accuracy is not guaranteed by IMT. IMT is an equal opportunity employer. IMT provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, sexual orientation, national origin, age, veteran status, disability or other protected status. IMT’s policy relates to all phases of employment including recruitment, placement, promotion, training, i.e., motion, transfer, layoff, recall and termination, rates of pay, employee benefits, and participation in all company-sponsored employee activities.
20. Fair Housing
IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, DISABILITY, 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), NATIONAL ORIGIN, ANCESTRY, OR ANY OTHER CHARACTERISTIC PROTECTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, OR OTHERWISE, 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.
21. Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Agreement to Arbitrate. Except as expressly provided below, you and IMT agree that any dispute, claim, or controversy arising out of or relating in any way to the Site, the Resident Kiosk™, the Services, these Terms, or your relationship with IMT (collectively, “Disputes”) will be resolved by binding individual arbitration and not in court. This agreement is governed by the Federal Arbitration Act.
Informal Resolution. Before starting arbitration, the party asserting a Dispute will first send a written notice describing the Dispute and the requested relief. You may send notices to IMT at IMT Residential, 15303 Ventura Blvd., Suite 200, Sherman Oaks, CA 91403, Attention: Legal. We will work in good faith to resolve the Dispute informally. If we cannot resolve the Dispute within 30 days after notice is received, either party may commence arbitration.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies, or may seek injunctive or equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights (including confidentiality obligations).
Public Injunctive Relief (California). Notwithstanding the foregoing, to the extent a claim seeks public injunctive relief and such relief cannot be waived or required to be arbitrated under applicable law, the parties agree that the claim for public injunctive relief will be decided by a court of competent jurisdiction, while any remaining claims will proceed in arbitration to the maximum extent permitted.
Arbitration Rules and Venue. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, if AAA is unavailable, another reputable arbitration provider). Except where prohibited by applicable law, the arbitration will be conducted by videoconference or in person in Los Angeles County, California. If the parties agree to a different location, the arbitration may be conducted in another location that is reasonably convenient for the parties; if the parties cannot agree, the arbitrator will decide the location consistent with the AAA rules and applicable law.
Class Action Waiver. You and IMT agree that arbitration will proceed only on an individual basis. Neither you nor IMT may bring a Dispute as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding, and the arbitrator may not consolidate claims or award relief to any person or entity other than you and IMT.
Authority and Remedies. The arbitrator shall have the authority to award any relief that would be available in an individual action in a court of competent jurisdiction, including injunctive relief, declaratory relief, and statutory damages, to the extent such relief is available and appropriate to the individual claim and permitted by applicable law. The arbitrator shall provide a written decision stating the essential findings and conclusions on which the award is based.
Effect of Class Action Waiver; Public Injunctive Relief. The class action waiver in these Terms applies only to the extent permitted by applicable law and does not limit the parties’ agreement regarding claims for public injunctive relief. To the extent a claim seeks public injunctive relief and such relief cannot be waived or required to be arbitrated under applicable law, that claim will be decided by a court of competent jurisdiction in accordance with the “Public Injunctive Relief” provision above, while any remaining claims will proceed in arbitration to the maximum extent permitted.
Costs. Payment of arbitration fees will be governed by the AAA rules and applicable law. The arbitrator may award fees and costs as permitted by law.
Opt-Out. You may opt out of this arbitration agreement within 30 days of the date you first accept these Terms by sending written notice to IMT at the address above. The notice must include your name, the email address associated with your Account (if any), and a clear statement that you are opting out of the arbitration agreement. Opting out will not affect any other provisions of these Terms.
Severability and Survival. If any portion of this arbitration section is found unenforceable, the unenforceable portion will be severed and the remainder will be enforced. This arbitration section will survive termination of your Account and/or your relationship with IMT.
22. General
IMT’s delay or failure to require or enforce strict performance by User of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of IMT’s right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
These Terms will remain in full force and effect while You use the Site, the Resident Kiosk™ and/or Services and/or have an Account. Even after Your Account is terminated, these Terms will remain in effect.
These Terms are governed by the laws of the State of California without regard to its conflict of law provisions. To the extent a Dispute is not subject to arbitration under Section 20 (or falls within an exception), you and IMT consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, except where prohibited by applicable law.
For further information or to contact us with questions, concerns, or comments, you may write, call, or e-mail us as follows:
IMT Residential
15303 Ventura Blvd. Suite 200
Sherman Oaks, CA 91403
Phone: 800.925.0212
E-mail: connect@imtresidential.com
This information was last updated February 18, 2026.
