Terms of Service
1. Acceptance of These Terms
These Terms of Service ("Terms") govern your use of blackswanliving.com, including the pages, forms, and resident services linked from it (together, the "Site"), and the text messaging and calling program described in Section 5 (the "Messaging Program"). The Site and the Messaging Program are operated by Black Swan Property Management, LLC, a Minnesota limited liability company doing business as Black Swan Living ("Black Swan," "Black Swan Living," "we," "us," or "our"), with its principal office in Rochester, Minnesota. By using the Site, submitting information through it, or opting in to receive text messages or calls from us, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Site or the Messaging Program.
Black Swan provides residential property management, leasing, and related real estate services for apartments, townhomes, and single-family homes in southeastern Minnesota.
Eligibility. The Site and the Messaging Program are intended for individuals who are at least 18 years old. By submitting a rental application, creating a resident portal account, or opting in to the Messaging Program, you represent that you are at least 18 and have the legal capacity to agree to these Terms.
Relationship to your lease. If you rent a home that we own or manage, your lease (with the property owner, or with us as the owner's agent), any lease addenda, and our community policies govern your tenancy. If these Terms conflict with your lease or with Minnesota landlord-tenant law, your lease and the law control. Nothing in these Terms waives, limits, or modifies any right or remedy you have under your lease or under any law that cannot be waived by agreement.
2. Use of the Site
You may use the Site only for lawful purposes, such as viewing available rentals, contacting us, scheduling showings, submitting applications, and accessing resident services. You agree not to:
submit false, misleading, or incomplete information, or information about another person without that person's authorization;
interfere with the security or operation of the Site, or attempt to access accounts, systems, or data you are not authorized to access;
use bots, scrapers, or other automated tools to copy, collect, or monitor content or data from the Site, except that search engines may index publicly available pages of the Site in accordance with the Site's robots.txt file;
upload or transmit viruses or malicious code, or any content that is unlawful, harassing, defamatory, or discriminatory; or
use the Site, or information obtained from it, to violate any law (including fair housing laws) or the rights of any person.
We may suspend, restrict, or terminate access to the Site or any of its features at any time, with or without notice, including if we believe these Terms have been violated. If you are a current resident, a restriction on Site access will not affect your ability to pay rent, submit maintenance requests, or exercise your rights under your lease; alternative methods are described in your lease or are available by contacting us.
3. Rental Listings, Availability, and Equal Housing Opportunity
Listings. Listings, photos, videos, virtual tours, floor plans, rents, fees, amenities, specials, and availability dates on the Site are provided for general information and may change at any time without notice. Photos, virtual tours, and floor plans may show representative or model units rather than the specific unit available, and dimensions and square footage are approximate. A listing is not an offer to lease. Unless we have accepted a prelease deposit from you under a written prelease deposit agreement, no tenancy or reservation exists until a written lease is fully signed by you and by the landlord (or by us as the landlord's agent). Please confirm all details with our leasing team before applying.
Fee and utility disclosure. Minnesota law (Minnesota Statutes section 504B.120) requires every advertisement for a residential rental unit to disclose nonoptional fees together with the total amount for rent and to state whether utilities are included. We prepare our listings to do this. If a listing you see, on this Site or on a third-party site, does not show this information, contact us before applying and we will provide it in writing. Your lease will show your Total Monthly Payment on its first page.
Equal Housing Opportunity. Black Swan complies with the federal Fair Housing Act, the Minnesota Human Rights Act, and all applicable local fair housing laws. We do not discriminate in the rental, terms, advertising, or availability of housing on the basis of race, color, creed, religion, national origin, sex, sexual orientation, gender identity, marital status, familial status, disability, status with regard to public assistance, or any other characteristic protected by applicable federal, state, or local law.
Reasonable accommodations and modifications. We provide reasonable accommodations and permit reasonable modifications for persons with disabilities as required by law, including during the application process. To request one, contact us at (507) 218-2071 or hello@blackswanteam.com.
4. Applications, Resident Portal, and Payments
Third-party platforms. Rental applications, the resident portal, online rent payments, electronic lease signing, and maintenance requests are provided through third-party platforms, including Buildium (ManageBuilding) and Property Meld. Your use of those platforms is also subject to their own terms of use and privacy policies, which we encourage you to review. We are not responsible for the content, availability, or practices of third-party platforms, payment processors, or banks, except as provided in your lease or required by law.
Accounts. You are responsible for keeping your login credentials confidential and for activity under your account that you authorize or that results from your failure to protect your credentials, except to the extent caused by our failure to secure the Site or as otherwise limited by law. Notify us promptly at hello@blackswanteam.com if you believe your account has been accessed without authorization.
Applications and screening. Applicant screening fees, screening criteria, and approval decisions are governed by our written rental criteria and by Minnesota Statutes section 504B.173. Before accepting a screening fee, we give you, in writing, the criteria on which our decision will be based and the name, address, and telephone number of any tenant screening service we use, and we provide a receipt on request. We return the fee when the statute requires it. Submitting an application does not guarantee approval or reserve a unit. If we decline your application, we will notify you in writing within 14 days, identifying the criteria you did not meet.
Payments. Rent, deposits, fees, payment due dates, and the date a payment is treated as received are governed by your lease. We will not charge a late fee because of a delay caused by an outage of the resident portal or our payment processor. If online payment is unavailable, contact us for alternative payment options.
Electronic communications and signatures. When you give us your email address, you agree that we may communicate with you about your inquiry, application, tenancy, account, or vendor relationship by email and through the resident portal, and that electronic signatures, notices, and records have the same effect as paper ones to the extent permitted by law. Text messages and calls are governed by Section 5 and require the opt-in described there. Where a law requires us to provide a notice or disclosure in writing, we will obtain your separate consent to receive it electronically as that law requires, and you may withdraw that consent or request a paper copy by contacting us. Notices that your lease or Minnesota law require to be delivered in a particular manner will be delivered in that manner.
5. Text Messaging and Calling Program (SMS Terms)
This section applies when you provide a mobile number to Black Swan Living or opt in to receive text messages or calls from us.
Program description. Black Swan Living sends text messages to residents, rental applicants and prospects, vendors, and other business contacts who have opted in. Messages fall into two categories:
Informational messages, such as showing and appointment scheduling and confirmations, application and leasing updates, move-in and move-out information, maintenance updates and entry notices, account and payment reminders, community notices (for example, parking, utility, weather, or emergency alerts), and replies to your questions.
Promotional messages, such as leasing specials, renewal and referral offers, community events, and information about other Black Swan Living homes, programs, and services. We send promotional messages and calls only to people who have separately agreed to receive them.
How you opt in to informational messages. You opt in to informational text messages when you (a) enter your mobile number and check the text-message consent box on one of our inquiry, application, or vendor forms, (b) complete the optional text-message consent in your lease paperwork (declining it does not affect your lease), (c) select text notifications in the resident portal, or (d) text us first.
How you opt in to promotional messages and calls. You opt in to promotional text messages and promotional calls only by separately and affirmatively agreeing to receive them: by checking an unchecked box next to the promotional consent disclosure on one of our forms, by signing a consent form, or by texting a keyword that we advertise together with that disclosure. Promotional opt-in covers text messages and calls at the number you give us, including messages and calls made with an automatic telephone dialing system or a prerecorded, artificial, or AI-generated voice.
Consent is not a condition. Consent to receive text messages or calls is not a condition of renting from us, of being approved for a rental, or of purchasing any goods or services.
Calls and automated technology. By opting in, you agree that we may call and text you at the number you provide about your inquiry, application, tenancy, account, or vendor relationship and, if you have opted in to promotional messages and calls, about our offers and services. You agree that our text messages and calls may be sent using an automatic telephone dialing system or other automated technology, and that calls may use a prerecorded, artificial, or AI-generated voice.
Recording and automated assistants. Calls with us, including calls handled by an AI voice assistant, may be monitored, recorded, and transcribed for quality, training, and record-keeping purposes; you will be informed of recorded calls in accordance with local, state and federal laws. Some calls and text replies may be handled by automated or AI assistants. When they are, the assistant identifies itself as automated when it begins, states Black Swan Living's name and phone number, and you may ask for a person at any time or call (507) 218-2071. Promotional automated calls include an automated way to opt out during the call.
Message frequency. Message frequency varies. Informational messages depend on your activity with us; for example, you may receive several messages in a week while scheduling a showing or completing a move-in, and few or none at other times.
Cost. Message and data rates may apply. Contact your mobile carrier for details about your plan.
How to opt out. Reply STOP to any text message from us. We also honor QUIT, END, CANCEL, UNSUBSCRIBE, OPT OUT, OPTOUT, and REVOKE, and any other reasonable request to stop, including a request made by calling (507) 218-2071, emailing hello@blackswanteam.com, writing to the address in Section 11, or telling a member of our team. Any of these requests withdraws your consent to automated text messages and to automated, prerecorded, artificial-voice, and AI-voice calls from us, from any of our numbers. STOP replies are processed immediately; every other request is honored within 10 business days. You may receive one message confirming your opt-out; it will contain no promotional content and will be the only message we send after your request. We will not text you again unless you opt in again. Please note that opting out stops informational text messages too; when needed, we will reach you by email, a live phone call, mail, or the resident portal. If you want to stop only promotional messages and calls, tell us and we will update your preferences instead. Replying START after an opt-out resumes informational messages only; to receive promotional messages or calls again, opt in again through one of the promotional opt-in methods above.
Help. Reply HELP to any text message for assistance, or contact us at (507) 218-2071 or hello@blackswanteam.com.
Your mobile number. You represent that you are the subscriber or customary user of the mobile number you provide and that you are authorized to consent to messages and calls at that number. If you change, cancel, or give up your mobile number, please notify us promptly and update your number in the resident portal so that we do not send messages intended for you to someone else. To reduce the chance of texting a number that has been reassigned, we may check your number against the FCC's Reassigned Numbers Database before sending.
Time of day. We send promotional text messages and promotional calls only between 9 a.m. and 9 p.m., determined by the time zone of the address you have given us or, if we have none, by your phone number's area code. Informational messages are normally sent during the same hours, except that time-sensitive notices (such as maintenance emergencies, utility or water shutoffs, severe weather or security alerts, and replies to a message you just sent us) may be sent at any time, and by opting in you agree to receive them.
Carriers and delivery. Mobile carriers are not liable for delayed or undelivered messages. Message delivery depends on your carrier and device, and we do not guarantee that any message will be delivered or received at a particular time. Text messaging is not a substitute for emergency services. In a life-threatening emergency, call 911. For maintenance emergencies, use the emergency contact method provided in your lease or welcome materials.
Privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors that support our services, such as our messaging platform provider, property management software, and customer service providers, is permitted so that they can perform those services for us. Text messaging originator opt-in data and consent are excluded from every category of sharing described in our Privacy Policy and will not be shared with any third parties. See our Privacy Policy for how we collect, use, and protect your information.
Sending numbers. Our text messages may be sent from any telephone number we designate, and these numbers may change. Our messages identify Black Swan Living as the sender.
Changes to the Messaging Program. We may modify or discontinue the Messaging Program at any time. No change will expand the types of messages or calls you have agreed to receive, or add promotional messages or calls, without your new, separate opt-in.
6. Intellectual Property, Third-Party Links, and Your Submissions
Our content. All content on the Site, including text, photos, videos, virtual tours, floor plans, logos, graphics, and the Black Swan Living name and logo, is owned by or licensed to Black Swan and is protected by copyright, trademark, and other intellectual property laws. You may view, download, and print content for your personal, non-commercial use in connection with evaluating or renting a home from us. You may not otherwise copy, reproduce, modify, distribute, publicly display, or create derivative works from Site content without our prior written permission. Buildium, Property Meld, and other third-party names and logos are trademarks of their respective owners.
Third-party links. The Site may link to third-party websites and platforms, including application, payment, screening, and maintenance platforms and third-party listing sites. We do not control, endorse, or take responsibility for their content, policies, or practices. Your use of them is at your own risk and subject to their terms.
Your submissions. If you submit information, photos, or other content through the Site (for example, in a maintenance request or contact form), you represent that you have the right to share it, and you grant us permission to use it to provide and improve our services and to maintain our records. Any feedback or suggestions you provide may be used by us without obligation to you.
7. Accessibility
We are committed to making the Site and our services usable by people with disabilities. If you have difficulty accessing any part of the Site or need information in an alternative format, contact us at (507) 218-2071 or hello@blackswanteam.com, and we will work with you to provide the information or service you need.
8. Disclaimers, Limitation of Liability, and Indemnification
Disclaimer. The Site, its content, and the Messaging Program are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site or the Messaging Program will be uninterrupted, timely, secure, or error-free, or that information on the Site is current or complete. Content on the Site is for general information and is not legal, financial, tax, insurance, or investment advice. These disclaimers apply to the Site and the Messaging Program only; your lease and Minnesota law govern your tenancy and the condition of any home you rent from us. Nothing in this Section limits any right you have under consumer-protection, fair-housing, landlord-tenant, or privacy laws, and we do not disclaim liability for misrepresentations in our advertising.
Limitation of liability. To the fullest extent permitted by law, Black Swan and its owners, members, managers, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising out of or related to your use of or inability to use the Site or the Messaging Program, even if we have been advised of the possibility of such damages. To the fullest extent permitted by law, our total liability for all claims arising out of or related to the Site or the Messaging Program will not exceed the greater of (a) one hundred dollars ($100) or (b) the fees (other than rent and deposits) you paid to us through the Site in the 12 months before the claim arose. These limitations do not apply to claims under your lease or Minnesota landlord-tenant law; to our gross negligence, willful misconduct, or fraud; to personal injury or death; to our obligations under applicable law to safeguard your personal information; to statutory remedies under consumer-protection, fair-housing, telephone-consumer-protection, or privacy laws; or to any other liability that cannot be limited by agreement.
Indemnification. You agree to indemnify and hold harmless Black Swan and its owners, members, managers, employees, agents, and affiliates from and against claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising from (a) your intentional misuse of the Site or the Messaging Program in violation of Section 2, or (b) content you submit through the Site that infringes or violates another person's rights, except to the extent caused by our negligence or misconduct.
9. Governing Law and Disputes
These Terms are governed by the laws of the State of Minnesota and applicable federal law, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms, the Site, or the Messaging Program will be brought exclusively in the state courts sitting in Olmsted County, Minnesota, or the United States District Court for the District of Minnesota, and you consent to personal jurisdiction and venue in those courts. This paragraph does not apply to eviction, rent escrow, tenant remedies, or other actions under your lease or Minnesota landlord-tenant law, which are brought in the court and county that law requires (generally the county where the property is located), or to claims you choose to bring in conciliation court. Nothing in these Terms prevents you from filing a complaint with a government agency, such as the Minnesota Department of Human Rights, the U.S. Department of Housing and Urban Development, the Minnesota Attorney General, or the Federal Communications Commission.
10. Changes to These Terms and General Provisions
Changes. We may update these Terms from time to time by posting the revised version on this page with a new "Last updated" date. Material changes take effect no sooner than 30 days after we post them and send notice by email, resident portal message, or, for changes to the Messaging Program, text message, unless a change is required by law, in which case it takes effect when the law requires. Non-material changes take effect when posted. Changes do not apply to any dispute that arose before the change took effect. If you do not agree to a change, stop using the Site and opt out of the Messaging Program before it takes effect; your continued use after a change takes effect means you accept it.
Severability. If any part of these Terms is found unenforceable, that part will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect.
No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to enforce it later.
Entire agreement. These Terms, together with our Privacy Policy and any additional terms posted for specific features of the Site, are the entire agreement between you and Black Swan regarding the Site and the Messaging Program. They do not replace or modify your lease.
Assignment. You may not assign these Terms. We may assign them to an affiliate or to a successor of our business.
11. Contact Us
Black Swan Living (Black Swan Property Management, LLC), 2765 Commerce Dr NW, Suite 110, Rochester, MN 55901. Phone: (507) 218-2071. Email: hello@blackswanteam.com.
For help with text messages, reply HELP to any message or use the contact information above. To stop receiving text messages, reply STOP.