Privacy Policy & Terms

MILL CREEK PRIVACY POLICY AND TERMS OF USE

This Privacy Policy and Terms of Use (“Policy”) applies to all users of the Mill Creek Residential Trust, LLC website found at http://www.mcrtrust.com (the “Site”). This Policy is a binding legal contact between Mill Creek Residential Trust, LLC (“Mill Creek”) and you.

1. LEGALLY BINDING AGREEMENT. Please read this Policy carefully before using the Site. By using this Site you expressly to the terms and conditions in this Policy. In addition, you may also accept this Policy by selecting the applicable checkbox during any registration process or when you submit any information to the Site (e.g., on the “contact us” page). Your use of the Site is always subject to this Policy. By selecting the applicable checkbox or otherwise using the Site, you agree to be bound by this Policy. If you do not agree to this Policy, you may not use the Site. You agree that your use of the Site will always be subject to the most current version of this Policy at the time of such use.

2. INFORMATION AND PRIVACY. Mill Creek recognizes the importance of protecting the privacy of Mill Creek users and wishes to provide efficient and relevant information to users of the Site. In order to serve our customers, Mill Creek collects and analyzes information provided by you when using the Site.

REMEMBER THAT CERTAIN INFORMATION THAT IS DISCLOSED BY YOU WHILE USING THE SITE WILL BE UTILIZED BY MILL CREEK AND DISCLOSED TO CERTAIN THIRD PARTIES IN ORDER TO FACILITATE THE SITE (E.G., THIRD-PARTY PROVIDERS OF PORTIONS OF THE SITE). YOU UNDERSTAND AND AGREE TO SUCH DISCLOSURE.

What Information is Collected

Mill Creek collects and analyzes information obtained from users of the Site. This information includes, but is not limited to the following:

Personally Identifiable Information

By electing to provide your information through the Site, you may provide personally identifiable information to Mill Creek. “Personally identifiable information” is information that would allow someone to identify or contact you, including, for example, your name, address, telephone number or email address. Mill Creek collects such personally identifiable information in order to respond to your inquiries.

Aggregate or Demographic Information

Mill Creek may collect and analyze aggregate data assembled from information collected via the Site. Aggregate information is collected in order to better understand the demographics and usage patterns of all users of the Site, so that Mill Creek can provide the highest level of service to our customers. Such aggregate data is not generally personally identifiable or linked to a specific user.

IP Addresses and Cookies

Mill Creek servers may automatically collect certain technical information about your use of the Site. This may include collecting and logging IP addresses. Mill Creek may collect IP addresses for system administration, security and statistical analysis. An IP address is a number that is assigned to a computer whenever it is communicating over the Internet. Mill Creek and its internet service provider may log these IP addresses and analyzes them to understand where requests originate. In addition, Mill Creek may use a feature of your web browser called a “cookie” to assign an identification number that automatically identifies your computer when you visit the Site. In connection with the Site Service, cookies may be used to store your username, password and viewing options, allowing you to log into the Site more conveniently. Such analysis enables Mill Creek to produce traffic volume statistics that can be helpful in understanding online traffic, thus enabling Mill Creek to enhance its users’ online experience.

What Organization Is Collecting the Information

Mill Creek owns and operates the Site and is the company that collects the personal information. Mill Creek’s contact information is as follows:

Address: 2001 Bryan Street

Suite 3275

Dallas, Texas 75201

Phone: 214-922-8500

Fax: 214-992-8510

E-mail: info@mcrtrust.com

Comments, suggestions or materials sent or transmitted to Mill Creek shall be deemed to be nonconfidential and not subject to any restrictions. Mill Creek shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.

How the Information Is Used and Disclosed to Third Parties

Mill Creek may use your personally identifiable information when performing certain services. For example, Mill Creek may use personally identifiable information to perform functions such as maintaining a record of customer contacts. As a consequence, Mill Creek may disclose personally identifiable information as a necessary component of providing the Site, services and associated administrative functions. In some cases, Mill Creek uses your personally identifiable information to provide information to you, such as to send newsletters, personalized email communication or customize aspects of the Site.

Mill Creek may use your information to offer services and operate the Site as well as sell and deliver advertising.

Disclosure to Third Parties

On occasion, Mill Creek may provide aggregated or demographic information to third parties. In certain circumstances, Mill Creek may share your personally identifiable information with third parties who provide services to Mill Creek in order to enable Mill Creek to provide to market services to its customer, operate the Site or to enhance the functionality available to you on the Site.

Notwithstanding anything to the contrary set forth herein, in connection with an assignment, sale, combination, merger, acquisition, joint venture or other transfer or disposition of some or all of the assets of Mill Creek, or its affiliated entities, you agree that Mill Creek can accordingly assign, sell, license or transfer any information, including personally identifying information, that you have provided to Mill Creek to those third parties directly involved in the transfer or disposition of such assets.

Privacy Protections for Children.

No part of the Site is designed or directed to children. To provide personally identifiable information through the Site you must be at least eighteen (18) years of age. Therefore, Mill Creek does not knowingly collect personally identifiable information from any minor or other person under age thirteen (13) and thus is not subject to the Children’s Online Privacy Protection Act.

Opt-Out.

If you object to the disclosure or use of your personal information by Mill Creek you may contact Mill Creek. However, you acknowledge that if you do not allow Mill Creek to utilize your information, then Mill Creek may not be able to provide certain information and services to you.

3. EXCLUSIVE TO THE SITE. This Policy applies to information obtained and collected by Mill Creek in connection with the Site. Mill Creek or its affiliated companies may have other terms of use and privacy policies which govern the information collected via other web sites operated by Mill Creek. This Policy applies only to the Site. Some third party web sites or other such resources may be linked to or embedded in the Site (“Affiliate Sites”). These Affiliate Sites may have their own terms of use and privacy policies, which Mill Creek does not control and are not addressed by this Policy. Mill Creek does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites. MILL CREEK HAS NO CONTROL OVER AFFILIATE SITES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM. MILL CREEK CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE AFFILIATE SITES, INCLUDING, WITHOUT LIMITATION OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. MILL CREEK HAS NO LIABILITY FOR AFFILIATE SITES FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN AFFILIATE SITES. MILL CREEK DOES NOT REPRESENT OR WARRANT THAT AN AFFILIATE SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. MILL CREEK DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES. If you have a specific dispute or concern related to the content, product or services that needs to be addressed by an Affiliate Site, you should contact the Affiliate Site and not Mill Creek.

4. ACCEPTABLE USE. You may not use the Site for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, You agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Site. Examples of prohibited uses include, without limitation: (a) violation of any proprietary, publicity, privacy or other right; (b) disclosure of confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the site in violation of U.S. export laws or intellectual property laws and (d) transmission, storage or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous or offensive activity. In addition, you agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (collectively, “Interfere”) with the operation of the Site or related information systems. If you in any way Interfere with the Site or the operation of the Site, you agree to pay all damages incurred by Mill Creek or its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the Site is a material breach of this Policy and relieves Mill Creek of any of its contractual or other legal obligations to you, including Mill Creek’s obligations (including its confidentiality obligations) under this Policy or any user agreement between you and Mill Creek. Mill Creek will cooperate with the authorities in prosecuting anyone who Interferes with the Site, attempts to defraud any person through the utilization of the Site or the information obtained related to the Site. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE’S PRIVACY OR SECURITY MEASURES.

5. DOWN TIME. Mill Creek takes commercially reasonable measures so that the Site is available. However, difficulties with hardware, software, equipment and services result in service interruptions. In no event will Mill Creek be liable to any party for any loss, cost or damage that results from any period of down time of the Site.

6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MILL CREEK DOES NOT WARRANT THAT THE SITE CONTAINS ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS OR ACCESSIBLE WITHOUT INTERRUPTION. MILL CREEK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

7. LIMITATION OF LIABILITY. YOUR USE OF THE SITE AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. MILL CREEK WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF, OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MILL CREEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MILL CREEK FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some states do not allow the foregoing limitations of liability, so they may not apply to you.

8. CHANGES TO POLICY. Mill Creek may change this Policy from time to time. By continuing to use the Site after Mill Creek posts any such changes, you accept the Policy, as modified. You can always find the current version of this Policy by checking <<www.mcrtrust.com.com/legalpolicy>>.

9. COPYRIGHT. Mill Creek retains all rights with respect to the Site. All content included or available in connection with the Site, including trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology (collectively the “Content”) and the selection and arrangement thereof, are the sole and exclusive property of Mill Creek or its licensors. However, you are free to view, copy, print and distribute the Content as long as:

• The Content is used for information purposes only;

• The Content is used only within your organization; and

• Copies of the Content include all applicable copyright notices.

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Mill Creek or any third party.

THE CONTENT RELATED TO MILL CREEK IS THE PROPRIETARY PROPERTY OF MILL CREEK, OR MILL CREEK LICENSORS, AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, MODIFY, EXTRACT DATA FROM OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE SITE. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THIS POLICY.

All Content is: Copyright © 2010 – 2011 Mill Creek Residential Trust, LLC or its licensors. All rights reserved.

Mill Creek respects the intellectual property of others, and Mill Creek asks you to do the same. If you believe some Content on the Site has been copied in such as way to constitute copyright infringement, please contact Mill Creek.

10. TRADEMARKS. Mill Creek’s trade name and the Mill Creek logo are trademarks of Mill Creek. Mill Creek’s logos and trademarks that appear throughout the Site belong to Mill Creek, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without Mill Creek’s express prior written permission, you agree not to display or use in any manner the Mill Creek trademarks. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Mill Creek, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Site may be the trademarks of their respective owners.

11. REMEDIES AND CORRECTIVE ACTION. Mill Creek reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Policy, and expressly reserves all rights and remedies available to Mill Creek at law or in equity. Subject to Mill Creek’s obligations under a user agreement, Mill Creek reserves the right to prevent access to the Site to you or any other user for any reason, at any time, at Mill Creek’s reasonable discretion.

12. GOVERNING LAW. This Policy shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the state of Texas, USA, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in Dallas, Texas, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Policy and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts.

13. SEVERABILITY AND WAIVER. If any provision of this Policy is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. Mill Creek’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

14. INDEMNIFICATION. You acknowledge that Mill Creek does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of you, any Affiliate Site, other user or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless Mill Creek, its affiliates and licensors, from and against all suits, proceedings, losses, liabilities and expenses, including without limitation, attorneys’ fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of any term, acknowledgement or warranty in this Policy or any activity by you in relation to the Site or use of the Content.

15. ENTIRE AGREEMENT. This Policy constitutes the entire and final agreement between you and Mill Creek with respect to the subject matter hereof and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.

This Privacy Policy and Terms of Use was updated on January 25, 2011