Terms & Conditions

These Terms & Conditions (“Terms”) are a binding agreement between you and Vivana Properties, Inc. (a Delaware corporation, together with its affiliates and operating companies, “Vivana,” “we,” “us,” or “our”). By accessing, browsing, or otherwise using the website at vivanaproperties.com (the “Site”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

The Site is an informational property describing Vivana, its ecosystem of multifamily operating companies, and its approach to partnership. It is intended for a business audience — including operators, owners, and prospective partners — for general informational purposes only. The Site is not a resident portal, leasing application, or transactional platform, and no products or services are sold through it.

The Site describes Vivana’s operating model, including that operating partners may hold equity in the platform. Nothing on the Site constitutes, or should be construed as, an offer to sell or a solicitation of an offer to buy any security, partnership interest, or other financial instrument, nor a recommendation to enter into any transaction, in any jurisdiction. Any such offer, if made, would be made only through definitive transaction documents to eligible parties in compliance with applicable law.

Nothing on the Site is intended to be, and should not be relied upon as, legal, tax, accounting, financial, or investment advice. You should consult your own advisors before making any decision. Descriptions of partnership terms, equity, returns, or performance are general and illustrative and do not guarantee any outcome.

The Site may contain forward-looking statements about Vivana’s plans, growth, expected number of units or partners, and anticipated results. These statements reflect current expectations and involve risks and uncertainties. Actual results may differ materially. Statistics such as unit counts and partner counts are approximate and current only as of the date stated, and we undertake no obligation to update them.

You may access and use the Site for lawful, informational, and business purposes. You agree not to:

• Use the Site in any way that violates applicable law or these Terms;
• Copy, scrape, harvest, or systematically extract content from the Site except as permitted below;
• Introduce malware, attempt to gain unauthorized access to the Site or its systems, or interfere with its operation or security;
• Use the Site to send unsolicited communications or to impersonate any person or entity; or
• Frame, mirror, or misrepresent the Site or its content.

The Site and all of its content — including text, graphics, logos, images, page layout, and the “Vivana” name and marks — are owned by or licensed to Vivana and are protected by intellectual property laws. Names, logos, and marks of our operating companies and partners are the property of their respective owners. You are granted a limited, revocable, non-exclusive license to view and use the Site for its intended informational purpose. No other rights are granted, and you may not use our marks without our prior written consent.

If you contact us through the Site (for example, by email to our partnerships team) or submit any information, you represent that the information is accurate and that you have the right to share it. Except for personal information, which is handled under our Privacy Policy, any ideas or materials you send us that are not confidential may be used by us without restriction or obligation to you. Please do not send confidential or proprietary information through the Site unless we have agreed in writing to receive it.

The Site may reference or link to third-party websites, quotes, or materials, including those of our operating companies and partners. We do not control and are not responsible for third-party content, and inclusion of a link does not imply our endorsement. Testimonials and quotes reflect individual experiences and are not a guarantee of future results.

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. VIVANA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THE CONTENT IS COMPLETE, CURRENT, OR ACCURATE.

TO THE FULLEST EXTENT PERMITTED BY LAW, VIVANA AND ITS AFFILIATES, OPERATING COMPANIES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIVANA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless Vivana and its affiliates, operating companies, and their respective officers, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site or your violation of these Terms or applicable law.

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that cannot be resolved informally will be settled by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, seated in Wilmington, Delaware, and may be conducted by videoconference where permitted. Judgment on the award may be entered in any court of competent jurisdiction.

You and Vivana 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 or representative proceeding; the arbitrator may not consolidate more than one person’s claims. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. You agree that any claim must be commenced within one year after it arises. If the class-action waiver is found unenforceable, the remainder of this arbitration provision will likewise be unenforceable, but the balance of these Terms will remain in full effect. If any other provision of these Terms is held unenforceable, the remaining provisions will remain in full effect.

We may revise these Terms from time to time. When we do, we will update the “Last updated” date above. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms can be directed to: