The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the ApartmentPostings.com web site (located at http://www.ApartmentPostings.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and ApartmentPostings.com ("ApartmentPostings.com" or the "Company").
If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Legal Department, ApartmentPostings.com, 4716 Duval Rd. Suite B7, Austin, Texas 78727. ApartmentPostings.com may update these terms and conditions at any time and without notice.
GENERAL PROVISIONS
Membership Privileges
Membership privileges are granted by ApartmentPostings.com to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the ApartmentPostings.com web site without express written permission from ApartmentPostings.com. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of ApartmentPostings.com. ApartmentPostings.com requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the ApartmentPostings.com system. Members are not permitted to share their individual logon information with others. ApartmentPostings.com has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the ApartmentPostings.com website, or abuses their rights related to the ApartmentPostings.com service.
ApartmentPostings.com utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant ApartmentPostings.com the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes ApartmentPostings.com determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. ApartmentPostings.com will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will ApartmentPostings.com have any liability for sending any email to its registered users/customers.
Submission and Administration of Listings
Listings that are not modified or renewed within a 30-day period are automatically changed to "InActive" and are no longer viewable on ApartmentPostings.com. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to ApartmentPostings.com unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on ApartmentPostings.com website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the ApartmentPostings.com website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the ApartmentPostings.com website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the ApartmentPostings.com website and other ApartmentPostings.com partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the ApartmentPostings.com website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the ApartmentPostings.com system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the ApartmentPostings.com website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to ApartmentPostings.com. ApartmentPostings.com may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to ApartmentPostings.com. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of ApartmentPostings.com. ApartmentPostings.com does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings in the Service information solely to obtain initial information from which further evaluation and investigation may commence.
ApartmentPostings.com Reports and other similar information, reports and services (individually and collectively "ApartmentPostings.com Reports"), the Service, and any and all Content offered by ApartmentPostings.com to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY APARTMENTPOSTINGS.COM, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall limit access to and use of active property listings, member directory, ApartmentPostings.com Reports to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the ApartmentPostings.com Service as part of any effort to compete with ApartmentPostings.com, including without limitation using the ApartmentPostings.com Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential ApartmentPostings.com customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the ApartmentPostings.com Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy ApartmentPostings.com products, services or information; decompile, decode or reverse engineer ApartmentPostings.com software; or use ApartmentPostings.com products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Passwords/Logins
Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. ApartmentPostings.com is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
Nature of Customer's Business
If Customer or an Affiliate of Customer owns properties and intends to market them directly via the Service, such Customer represents to ApartmentPostings.com that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Payment Terms
Customer agrees to pay for all products ordered through the ApartmentPostings.com web site or via the ApartmentPostings.com sales team using the payment method indicated, and provides ApartmentPostings.com express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of ApartmentPostings.com products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, ApartmentPostings.com may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. A customer choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.
Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the ApartmentPostings.com Web site at apartmentpostings.com/feedback.aspx three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with ApartmentPostings.com. If Customer has a question about a cancellation, Customer should contact ApartmentPostings.com Client Services at Accounting@ApartmentPostings.com or at 800.966.0736. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "Open An Account" tab within the "My ApartmentPostings.com" section, once Customer has logged into www.ApartmentPostings.com. ApartmentPostings.com does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify ApartmentPostings.com about any billing problems or discrepancies within 60 days after charges first appear on their Account statement. If it is not brought to ApartmentPostings.com attention within 60 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email (Spam)
ApartmentPostings.com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service or other email services that ApartmentPostings.com offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. ApartmentPostings.com has the right to revoke the privileges of any customer or company that breaches these terms.
Termination
ApartmentPostings.com reserves the right to terminate a Customer's membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of ApartmentPostings.com services, nonpayment of fees owed by you in connection with ApartmentPostings.com services, account inactivity or technical or security issues. Upon termination, ApartmentPostings.com shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
ApartmentPostings.com retains all rights (including Intellectual Property Rights as defined below), title and interest in the ApartmentPostings.com Web site and brochures, Email Alert database and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of ApartmentPostings.com technology or delete or alter author attributes or copyright notices. Customer shall use the ApartmentPostings.com system solely for their own use and shall not allow others to use the ApartmentPostings.com system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL ApartmentPostings.com BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF ApartmentPostings.com SERVICES, OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and ApartmentPostings.com entire liability under this Agreement shall be a refund to Customer of the fees paid to ApartmentPostings.com hereunder, and in no event will ApartmentPostings.com liability for any reason exceed such fee. ApartmentPostings.com (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify ApartmentPostings.com (and ApartmentPostings.com officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Warranty Disclaimers
THE LISTINGS, SERVICE, RECENTSALES INFORMATION, AND ApartmentPostings.com MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ApartmentPostings.com MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR ApartmentPostings.com MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ApartmentPostings.com SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. ApartmentPostings.com MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ApartmentPostings.com SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM APARTMENTPOSTINGS.COM WEB SITE, INCLUDING LISTINGS, SERVICE, RECENTSALES INFORMATION AND ApartmentPostings.com MARKET REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ApartmentPostings.com OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
The maps and directions information provided by ApartmentPostings.com have been obtained from sources believed reliable, including MapQuest. MapQuest is supplied by MapQuest Corporation, and its use is subject to MapQuest applicable Terms of Use. While ApartmentPostings.com does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither ApartmentPostings.com nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer's use of and/or reliance on Customer's use of ApartmentPostings.com information, products or services.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties other than ApartmentPostings.com, Inc. and its subsidiaries which are beyond ApartmentPostings.com control. Parties other than ApartmentPostings.com may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use ApartmentPostings.com logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the ApartmentPostings.com site. ApartmentPostings.com does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. ApartmentPostings.com does not assume any liability for the actions, product, and content of all of these and any other third parties. ApartmentPostings.com makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the ApartmentPostings.com site, the site you will land on is not controlled by ApartmentPostings.com and different terms of use and privacy statements may apply. ApartmentPostings.com also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of ApartmentPostings.com, Inc.
Customer agrees that ApartmentPostings.com shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by ApartmentPostings.com customers and partners. ApartmentPostings.com shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. ApartmentPostings.com shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. ApartmentPostings.com reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on ApartmentPostings.com corporate web site, located at http://www.ApartmentPostings.com.
Copyright Complaints
If you believe that your work has been copied onto ApartmentPostings.com in a way that constitutes copyright infringement, please provide ApartmentPostings.com copyright agent the written information specified below. Please note that this procedure is exclusively for notifying ApartmentPostings.com that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on ApartmentPostings.com, with identifying information for the listing, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address for ApartmentPostings.com copyright agent:
14716 Duval Rd. Suite B7
Austin, TX 78727
Attn: Gregg Sudduth
Phone: (512) 342-9111
Email: gregg.sudduth@ApartmentPostings.com
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
Governing Law
This Agreement, and the Deliverables provided by ApartmentPostings.com, shall be governed by the laws of the State of Texas, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Travis County, Texas for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of ApartmentPostings.com, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of ApartmentPostings.com to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at ApartmentPostings.com.
Listings that are not modified or renewed within a 30-day period are automatically changed to "In Active" and are no longer viewable on ApartmentPostings.com."
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Last Updated: June 21, 2010
|