Terms and Conditions
Last updated: August 8, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Choice Living Solutions, LLC, a Texas limited liability company doing business as Austin Apartment Locators Group (“we,” “us,” “our”), a licensed real estate leasing and sales team registered in Texas, United States, brokered by Spirit Real Estate (TREC License #562021-B).
We operate the website https://austinapartmentlocators.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
We provide apartment locating and real estate services in Texas.
You can contact us by phone at (512) 320-4599, by email at help@austinapartmentlocators.com, or by mail at 7102 Meadowood Drive, Austin, TX 78723, United States.
As used in these Legal Terms, “we,” “us,” and “our” include Choice Living Solutions, LLC; its parents, subsidiaries, and affiliates; Ross Quade and Marlene Quade individually; our sponsoring broker; and all of our respective officers, members, managers, employees, agents, independent contractors, virtual assistants, and service providers, including any vendor that places calls, sends text messages, or provides automated or AI-assisted communications on our behalf. Each of these persons and entities is an intended third-party beneficiary of these Legal Terms and may enforce them, including the arbitration agreement and class action waiver in Section 17, directly against you.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Choice Living Solutions, LLC, concerning your access to and use of the Services. You agree that by accessing the Services or by submitting any form on the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
THESE LEGAL TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER IN SECTION 17. PLEASE READ SECTION 17 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL. SECTION 17 INCLUDES A PROCEDURE FOR OPTING OUT OF ARBITRATION.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date, and you waive any right to receive specific notice of each change. It is your responsibility to review these Legal Terms periodically. You will be subject to, and will be deemed to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
As required by the Texas Real Estate Commission, you can access the following documents:
We provide free apartment locating services for apartments and professionally managed rental communities. Private landlord-owned home tours require a $250 access fee, which covers tours of up to five (5) homes.
Pricing, availability, concessions, and rental qualifications are provided by third-party communities and landlords and are subject to change without notice. No guarantee is made regarding the accuracy, timeliness, or completeness of property information.
Nothing on the Services creates an agency, representation, or fiduciary relationship between you and us except as set out in a separate written representation agreement signed by both parties.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including Section 5 (Prohibited Activities), we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
To request permission, contact help@austinapartmentlocators.com. If we grant permission, you must identify us as the owner or licensor and ensure that any copyright or proprietary notice remains visible.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of this section constitutes a material breach of these Legal Terms and your right to use the Services will terminate immediately.
Your submissions and contributions
Submissions. By sending us any question, comment, suggestion, idea, or feedback about the Services (“Submissions”), you assign to us all intellectual property rights in that Submission. We own the Submission and may use and disseminate it for any lawful purpose without acknowledgment or compensation to you.
Contributions. The Services may invite you to contribute to blogs, message boards, reviews, or other functionality where you may submit content (“Contributions”). Contributions may be viewable by other users and through third-party websites and may be treated as non-confidential and non-proprietary.
License you grant us. By posting Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, publish, broadcast, store, publicly perform, publicly display, reformat, translate, excerpt, and distribute your Contributions, and to prepare derivative works of them, for any purpose, commercial or otherwise, in any media now known or later developed, and to sublicense these rights. This license includes use of your name, company name, and any trademarks, logos, and images you provide. You waive all moral rights in your Contributions.
We do not claim ownership of your Contributions. You retain ownership of your Contributions and any intellectual property rights in them.
Your representations. By making Submissions or Contributions, you represent and warrant that:
- Your Contributions do not infringe any third party’s copyright, patent, trademark, trade secret, or moral rights.
- You are the creator and owner of your Contributions or have all necessary licenses, rights, consents, and permissions.
- You have the written consent of every identifiable individual appearing in your Contributions.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited advertising, promotional material, spam, or other solicitation.
- Your Contributions are not obscene, violent, harassing, libelous, discriminatory, or otherwise objectionable.
- Your Contributions do not violate any applicable law, regulation, or rule, including any law protecting minors.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not constitute confidential information.
You are solely responsible for your Submissions and Contributions and agree to reimburse us for any losses we suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.
Removal. Although we have no obligation to monitor Contributions, we may remove, edit, re-categorize, or pre-screen any Contribution at any time without notice, and may suspend or disable your account.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes a copyright you own or control, see Section 13.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of that information; (3) you have the legal capacity to agree to these Legal Terms and will comply with them; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.
4. USER REGISTRATION
You may be required to register to use certain parts of the Services. You agree to keep your password confidential and are responsible for all use of your account. We may remove, reclaim, or change a username we determine to be inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavor except those we specifically endorse or approve.
As a user of the Services, you agree not to:
- Systematically retrieve data or content from the Services to create or compile a collection, compilation, database, or directory without our written permission.
- Trick, defraud, or mislead us or other users, particularly to obtain sensitive account information.
- Circumvent, disable, or interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm us or the Services.
- Use information obtained from the Services to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with applicable law or regulation.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use of the Services.
- Engage in automated use of the system, including scripts, data mining, robots, or similar extraction tools.
- Delete any copyright or proprietary rights notice from any Content.
- Impersonate another user or person, or use another user’s username.
- Upload or transmit any passive or active information collection or transmission mechanism, including web beacons, tracking pixels, or similar devices.
- Interfere with, disrupt, or create an undue burden on the Services or connected networks.
- Harass, annoy, intimidate, or threaten our employees or agents.
- Attempt to bypass measures designed to prevent or restrict access to the Services.
- Copy or adapt the Services’ software, including HTML, JavaScript, PHP, or other code.
- Except as permitted by law, decipher, decompile, disassemble, or reverse engineer any software comprising the Services.
- Use, launch, develop, or distribute any automated system, including any spider, robot, scraper, or offline reader, except as a result of standard search engine or browser usage.
- Make any unauthorized use of the Services, including collecting usernames or email addresses for sending unsolicited email, or creating accounts by automated means or under false pretenses.
- Use the Services to compete with us or for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
6. GUIDELINES FOR REVIEWS
We may provide areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following: (1) you should have firsthand experience with the person or entity being reviewed; (2) your review should not contain offensive profanity or abusive, racist, or hateful language; (3) your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your review should not reference illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make conclusions as to the legality of conduct; (7) you may not post false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews.
We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen or delete reviews. Reviews are not endorsed by us and do not necessarily represent our opinions or those of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to the review.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to other websites (“Third-Party Websites”) and content originating from third parties (“Third-Party Content”). We do not investigate, monitor, or check Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for them, including their content, accuracy, opinions, reliability, privacy practices, or policies. Inclusion of or linking to Third-Party Websites or Third-Party Content does not imply approval or endorsement.
If you leave the Services and access Third-Party Websites, you do so at your own risk, and these Legal Terms no longer govern. You should review the applicable terms and policies of any website you navigate to. Any purchases you make through Third-Party Websites are exclusively between you and that third party, and we take no responsibility for them.
8. ADVERTISERS
We allow advertisers to display advertisements in certain areas of the Services. We simply provide the space, and we have no other relationship with advertisers.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting the user to law enforcement; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services or disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property and to facilitate their proper functioning.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
The Services are hosted in the United States. If you access the Services from another region with laws governing personal data collection, use, or disclosure that differ from those in the United States, then through your continued use of the Services you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.
11. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes a copyright you own or control, please notify us using the contact information in Section 27 (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material. Under applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. If you are not certain that the material infringes your copyright, consider first contacting an attorney.
12. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW. WE MAY TERMINATE YOUR USE OF THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party. We also reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason at our sole discretion without notice. We have no obligation to update any information on the Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 17.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY FOR: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, OR SIMILAR MATERIAL TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. AS WITH ANY PURCHASE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Pricing, availability, concessions, and rental qualifications are provided by third-party communities and landlords and are subject to change without notice. No guarantee is made regarding the accuracy, timeliness, or completeness of property information.
17. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US INDIVIDUALLY AND LIMITS THE WAY YOU CAN SEEK RELIEF FROM US.
17.1 Agreement to Arbitrate
You and we agree that any dispute, claim, or controversy arising out of or relating to these Legal Terms, the Services, or any communications between us — including any claim under the Telephone Consumer Protection Act, the Texas Business and Commerce Code, the Texas Deceptive Trade Practices–Consumer Protection Act, or any other federal or state statute governing telephone calls, text messages, or electronic communications, and including claims based on privacy, intrusion, or nuisance — shall be resolved exclusively by final and binding individual arbitration, and not in a court of law, except as expressly stated in Section 17.7.
17.2 Delegation
The arbitrator, and not any court, has exclusive authority to resolve all threshold questions, including whether this Section 17 is valid, enforceable, unconscionable, or applies to a particular dispute, and whether any dispute is arbitrable. Only a court may decide the enforceability of Section 17.6.
17.3 Pre-Arbitration Notice and Informal Resolution
Before commencing arbitration, the party bringing the claim must send the other party a written notice of dispute. If you are the claimant, your notice must be signed by you personally, must be sent to Choice Living Solutions, LLC, 7102 Meadowood Drive, Austin, TX 78723, or emailed to help@austinapartmentlocators.com, and must state: (a) your full name; (b) the phone number, email address, and mailing address associated with your claim; (c) the specific communications at issue, including dates and times to the extent known; (d) a description of the nature and basis of the claim; and (e) the specific relief sought.
A notice submitted on behalf of multiple claimants, or that does not contain this individualized information, does not satisfy this requirement. The parties shall attempt in good faith to resolve the dispute for thirty (30) days after the notice is received. Compliance with this Section 17.3 is a condition precedent to commencing arbitration, and either party may seek a court order compelling compliance.
17.4 Arbitration Procedure
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Section 17. The arbitration shall take place in Travis County, Texas, or, at your election, by telephone, videoconference, or on the basis of written submissions. The arbitrator shall apply Texas law and shall issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction. Either party may litigate in court solely to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an award.
17.5 Coordinated Filings
If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same counsel or coordinated counsel within a ninety (90) day period, the demands shall be resolved in staged batches. Counsel for the claimants and counsel for us shall each select ten (10) demands to proceed as an initial batch, which shall be arbitrated individually. No other demand in the group may proceed, and no filing fees shall be due on any other demand, until the initial batch is resolved. Following resolution of the initial batch, the parties shall mediate in good faith for sixty (60) days. If the dispute is not resolved, the process shall repeat with successive batches. Any applicable statute of limitations shall be tolled for all demands in the group from the date the first demand is filed until that demand is resolved or withdrawn.
17.6 Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate more than one person’s claims, may not preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If a court determines that this Section 17.6 is unenforceable as to a particular claim or request for relief, that claim or request shall be severed and litigated in court, and all other claims shall proceed in arbitration. This Section 17.6 survives any determination that the remainder of Section 17 is unenforceable and applies independently in any judicial proceeding. TO THE EXTENT PERMITTED BY LAW, YOU AND WE ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH PROCEEDING.
17.7 Exceptions
The following are not subject to Sections 17.1 through 17.5: (a) any claim that may be brought in small claims court, so long as it remains in that court and proceeds on an individual basis; (b) any claim seeking to enforce or protect, or concerning the validity of, a party’s intellectual property rights; and (c) any request for temporary or preliminary injunctive relief in aid of arbitration.
17.8 Right to Opt Out
You may opt out of Sections 17.1 through 17.5 by sending written notice to Choice Living Solutions, LLC, 7102 Meadowood Drive, Austin, TX 78723, or to help@austinapartmentlocators.com, within thirty (30) days after you first accept these Legal Terms. Your notice must include your full name, the phone number and email address you provided to us, and a statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other part of these Legal Terms, including Section 17.6, and will not affect your ability to use the Services.
17.9 Limitations Period
Any dispute brought by either party related in any way to the Services must be commenced within two (2) years after the cause of action accrues, except where a longer period is required by applicable law that cannot be shortened by agreement.
17.10 Severability and Survival
If any portion of this Section 17 other than Section 17.6 is found unenforceable, that portion shall be severed and the remainder shall be enforced. This Section 17 survives termination of your relationship with us. Nothing in this Section 17 or in Section 18 shall be construed to prevent you from effectively vindicating any statutory right, and any provision that would have that effect shall be severed rather than invalidating the agreement to arbitrate.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS PROVIDED BELOW, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500.00 USD).
NOTHING IN THIS SECTION LIMITS, WAIVES, OR CAPS ANY REMEDY THAT MAY NOT LAWFULLY BE LIMITED, WAIVED, OR CAPPED, INCLUDING STATUTORY DAMAGES UNDER THE TELEPHONE CONSUMER PROTECTION ACT OR ANY OTHER STATUTE PROVIDING FOR STATUTORY DAMAGES. IF ANY PORTION OF THIS SECTION IS FOUND UNENFORCEABLE, THAT PORTION SHALL BE SEVERED AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF SECTION 17.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties in these Legal Terms; (5) your violation of the rights of a third party, including intellectual property rights; (6) any overt harmful act toward any other user of the Services; or (7) your provision of a telephone number that is not yours or for which you were not authorized to give consent.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense with our defense. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.
20. USER DATA
We may collect, store, and use data that you transmit to the Services, including personal information submitted through online forms, for the purpose of providing and improving our apartment locating services. This may include responding to your inquiries, following up, sending communications, and delivering apartment listings. Some communications or responses may be generated or assisted by automated or AI systems.
By using the Services, you also agree to our Privacy Policy, which describes how we collect, use, protect, and share your information.
Although we perform routine backups of data, you are solely responsible for all data you transmit or that relates to any activity you undertake using the Services. We have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.
21. TELEPHONE, TEXT, AND AI-ASSISTED COMMUNICATIONS
21.1 Electronic Communications
Visiting the Services, sending us email, completing online forms, or providing your contact information constitutes electronic communication. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any law in any jurisdiction that requires an original signature, delivery, or retention of non-electronic records.
21.2 Scope of Consent
When you submit a request through our forms and provide your telephone number, you are asking us to contact you about your apartment search and related services. You agree that we may contact you at that number by telephone call, text message, and email. These communications may be delivered using automated technology, an autodialer, or an artificial or prerecorded voice, including an AI assistant.
You are not required to use our Services. If you do not want to receive calls or text messages from us, do not submit a request through our forms. You may withdraw your consent at any time as described in Section 21.5.
21.3 How Consent Is Given
Consent is given when you affirmatively check the consent box on one of our forms, or when you give us verbal permission to contact you. We maintain records of the consent text presented to you, the date and time of your consent, and the communications sent to you.
21.4 Your Representations About the Number You Provide
You represent and warrant that you are the subscriber or the customary user of each telephone number you provide, that you are authorized to consent to receive communications at that number, and that you will notify us promptly if the number is reassigned, transferred, or is no longer yours.
21.5 Revoking Consent
You may revoke your consent at any time, by any reasonable means.
Replying STOP, QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, or OPT OUT to any text message will revoke your consent, and you are not limited to those words. You may also revoke by telling us during a call, by replying to any message in your own words, by emailing help@austinapartmentlocators.com, or by writing to us at the address in Section 27.
We will honor your revocation promptly and in no event later than ten (10) business days. You may receive a message confirming your opt-out.
21.6 Message Frequency and Rates
Message frequency varies. Message and data rates may apply and are determined by your carrier and your mobile plan.
21.7 AI-Assisted Communications
Some of our calls, text messages, and emails are generated or assisted by automated or AI systems. While we work to be accurate, these communications may not reflect current apartment availability, pricing, concessions, or community policies.
You should verify all material details directly with an apartment community before signing a lease or making any financial commitment.
AI-assisted communications do not constitute real estate advice, and nothing in them creates an agency or representation relationship except as set out in a written representation agreement signed by both parties.
21.8 Recordkeeping
We maintain records of consents, revocations, and communication logs, including those generated by automated systems, to comply with applicable law and to establish proof of consent. We retain these records for as long as necessary for those purposes.
21.9 Call Recording
All calls to and from us are recorded, including calls you place to us, calls placed by our team, and calls handled by our AI assistant. We record for quality, training, and recordkeeping purposes. By calling us, or by continuing a call from us, you consent to that recording. If you do not want to be recorded, do not call us, end the call, and do not use the Services.
21.10 Support
For questions about our calls or text messages, email help@austinapartmentlocators.com or call (512) 320-4599.
22. REFERRALS TO APARTMENT COMMUNITIES
22.1 How Our Service Works and How We Are Paid
We provide apartment locating services to renters at no cost for professionally managed communities. We are compensated by the apartment community, not by you. When you lease at a community where we registered you as your locator, that community pays a referral or locator fee to our sponsoring broker. This is how our service remains free to you.
That compensation depends on our being properly registered as your locator with the community before or at the time of your first contact with them. Registering you requires sharing your name and contact information with that community. Without that registration, the community will not credit us, and we cannot continue to provide the service at no cost.
Private landlord-owned and MLS-listed property tours are not covered by community-paid compensation and require the $250 access fee described in Section 1.
22.2 Your Authorization to Share Your Information
We may deliver apartment lists to you through third-party listing and search tools that we provide access to. Those tools let you mark communities as favorites, save them, or request more information.
By marking a community as a favorite or saving it in any list or search tool we provide, by requesting a tour, by asking us to register you, or by otherwise indicating to us in writing or by phone that you are interested in a specific community, you authorize us to forward to that community the information you have provided to us, including what you have told us about your rental history, credit, background, and income, and you agree that the community may contact you directly by telephone call, text message, and email about its properties, including using automated technology or an artificial or prerecorded voice.
If you are only browsing and do not want us to register you at a community, do not mark it as a favorite, or tell us and we will not send your information. You can tell us by replying to any message from us, by phone, or by email.
We share your information only with communities you select. We do not send your information to every community on a list we prepare for you.
What we send. We forward the information you provide to us to the apartment communities you select, including what you tell us about your rental history, credit, background, and income. Our registration to a community — sometimes called a guest card — also includes your name, telephone number, email address, desired move-in date, the number of bedrooms and bathrooms you are looking for, your stated budget range, the city or area you are searching in, and our locator registration information.
We share this information to help identify communities whose published qualification criteria may match your situation and to reduce the chance that you spend time touring or applying at a community that would not approve you. You are not required to provide any of this information to use our Services. If you prefer that we not share a particular item, tell us before you select a community and we will not include it.
What we do not do. We do not obtain a credit report, criminal background report, or tenant screening report about you, and we do not verify the information you give us. We share only what you tell us. We do not represent to any community that you are qualified or approved.
Communities conduct their own screening and will request and verify whatever information they require directly from you when you apply. Any decision about your application is made by the community, not by us, and is based on the community’s own screening and criteria.
Third-party listing and search tools are operated by companies we do not control and are governed by their own terms and privacy policies. We are not responsible for how those companies collect or use your information.
22.3 Naming Us as Your Locator
To ensure we receive credit for the referral, you agree that when you tour, apply to, or lease at a community we identified for you or registered you with, you will:
- Name Choice Living Solutions, LLC d/b/a Austin Apartment Locators Group as your locator or referral source on the community’s guest card, application, and any related form; and
- Not represent to the community that you were referred by another party or that you found the community independently.
If you visited a community before working with us, or were already registered there by another locator, tell us before we register you. We will not knowingly interfere with an existing registration.
Nothing in this section obligates you to lease at any community, restricts where you may lease, or requires you to pay us anything.
22.4 Communities Are Independent Businesses
Apartment communities, their owners, and their management companies are independent third parties. We do not own, operate, or control them. They may contact you directly. They maintain their own privacy practices and communication policies, and they set their own pricing, availability, concessions, and rental qualifications.
We are not responsible for their communications with you, their screening or leasing decisions, or their handling of your information.
22.5 Opting Out With Communities
If you no longer wish to be contacted by a particular apartment community, you must opt out with that community directly. Revoking your consent with us under Section 21.5 stops our communications but does not stop communications from a third-party community.
On request, we will tell you which communities received your information and when.
22.6 Withdrawing Referral Authorization
You may withdraw your authorization for us to share your information with additional communities at any time by contacting us. Withdrawal is prospective only and does not affect information already shared with communities you previously selected, and it may mean we can no longer register you as a client at additional communities.
23. OTHER SERVICES WE MAY REFER YOU TO
In the course of helping with your move, we may refer you to third-party services such as utility connection services, insurance providers, movers, renter risk or security deposit alternative products, and licensed healthcare providers who evaluate requests for assistance or emotional support animals.
We may receive compensation when you sign up for or purchase a service through one of our referrals. This compensation does not affect the rates, pricing, or services available to you.
You are never required to use a service we refer you to, and declining will not affect the apartment locating services we provide. Every service we refer you to is an independent business that we do not own or control. We are not responsible for the services they provide, their pricing, their privacy practices, or the outcome of any evaluation, application, or documentation they may issue. Any agreement you enter into with them is between you and that business.
Nothing we tell you about a third-party service is legal, medical, financial, or insurance advice. Information we provide about how a community may treat an assistance animal, a security deposit alternative, or any similar product reflects our general experience and is not a guarantee of how any particular community will respond. Communities set their own policies and make their own decisions.
24. FAIR HOUSING
We comply with the federal Fair Housing Act, the Texas Fair Housing Act, and all applicable state and local fair housing laws. We do not discriminate on the basis of race, color, religion, sex, disability, familial status, national origin, or any other protected characteristic under applicable law.
We do not steer clients toward or away from any community or neighborhood on the basis of a protected characteristic. Any information we provide about communities, neighborhoods, or schools is factual and publicly available, and you should conduct your own research on any factor that matters to you.
25. CALIFORNIA USERS AND RESIDENTS
If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms does not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of any remaining provisions, except as expressly provided in Section 17.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services, except as set out in a separate written representation agreement.
You agree that these Legal Terms will not be construed against us by virtue of our having drafted them. You waive any defenses based on the electronic form of these Legal Terms and the lack of signature by the parties.
27. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, contact us at:
Choice Living Solutions, LLC d/b/a Austin Apartment Locators Group c/o Ross Quade 7102 Meadowood Drive Austin, TX 78723 United States
Phone: (512) 320-4599 Email: help@austinapartmentlocators.com