Apartment Hunters Terms and Conditions
Please read this Agreement carefully before accessing the Apartment Hunters websites.
Description Of Service
As a condition to and in consideration of receiving and accessing the Apartment Hunters websites, the User agrees to be bound by the terms of this Agreement. Use of or access to the Apartment Hunters websites shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE Apartment Hunters websites.
Apartment Hunters Access Agreement
THIS AGREEMENT («Agreement») is entered into by and between Apartment Hunters websites and any individual, corporation, association, agency, company, or other entity who accesses or uses the Apartment Hunters websites (the «User» or «you»).
The Apartment Hunters websites, which is provided without charge to you, is a World Wide Website on the Internet that is designed to allow users to post vacancies and/or to view vacancies posted by other users or interact with those users. The Apartment Hunters websites are owned and operated by Apartment Hunters websites. The Apartment Hunters websites contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, «Content») formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the Apartment Hunters websites that can be modified by Users, such as posting vacancies, uploading multimedia files, registering user profiles, and creating House Hunter profiles («Interactive Areas»).
1. User Rights and Responsibilities
1.1 Access to Apartment Hunters websites.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Apartment Hunters websites and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Apartment Hunters websites.
1.2 User Conduct.
You agree to access and use the Apartment Hunters service only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Apartment Hunters Service, including any Interactive Area, (ii) the use of any networks or other services connected to Apartment Hunters, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Apartment Hunters websites. By accessing Apartment Hunters Network, you agree that you will not:
- restrict or inhibit any other user from using and enjoying the Interactive Features;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
- post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- post or transmit any information, software or other material which contains a virus or other harmful component;
- alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the Apartment Hunters websites;
- disrupt the normal flow of communication in an Interactive Area;
- claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
- violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Apartment Hunters websites content.
All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. Apartment hunters or Our suppliers own the title, copyright, and other intellectual property rights in the software or content and data provided. The viewing of these pages has been made possible through the efforts and the intellectual property rights of MSN, Apartment Hunters proprietary code & various vendors. The names of actual companies and products mentioned herein may be the trademarks MSN or of other respective owners. (i) It Is for Personal Viewing only and You may not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
All trademarks, photos or virtual Tours used or referred to on this Website are the property of their respective owners.
- You acknowledge that Content on the Apartment Hunters websites is generally provided by the Apartment Hunters websites, individual contributors of Content («Contributors»), third party licensees, and/or other Users. You acknowledge that the Apartment Hunters websites permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights («Intellectual Property Rights»), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Apartment Hunters websites own a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
- You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to «The Apartment Hunters websites» and its URL address. You acknowledge that the Apartment Hunters websites, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Apartment Hunters websites only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Apartment Hunters websites, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the Apartment Hunters websites the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the Apartment Hunters websites to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. As a landlord, you also authorize and agree that Apartment Hunters can obtain and list any and all listings by you and or displayed on your public or private management company website. You also permit any User to access, view, store and reproduce the Content for personal use.
2.3 Claims of Copyright Infringement.
Apartment Hunters respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on website in a way that constitutes copyright infringement may notify Apartment Hunter in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the website;
- Your address, telephone number, and, if available, e-mail address, so that the Apartment Hunters may contact you about your complaint;
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
We must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
3. Interactive Areas
You acknowledge that the Apartment Hunters websites may include various interactive areas («Interactive Areas»), including but not limited to vacancies. These Interactive Areas allow feedback to the Apartment Hunters websites and real-time interaction between users. You further understand that the Apartment Hunters websites do not control the messages, information, or files delivered to such Interactive Areas and that the Apartment Hunters websites may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the Apartment Hunters websites, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees, and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the Apartment Hunters websites cannot, and does not intend to, screen communications in advance. Moreover, because the Apartment Hunters websites encourage open and candid communication in the Interactive Areas, the Apartment Hunters websites cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The Apartment Hunters websites are not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Apartment Hunters websites have the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or another governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the Apartment Hunters websites may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Apartment Hunters reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Apartment Hunters websites policy in effect at that time, (ii) be harmful to the rights of any User, the Apartment Hunters websites, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the Apartment Hunters websites in operating the Apartment Hunters websites, or any change in Content, is for you to discontinue accessing the Apartment Hunters websites. The Apartment Hunters websites may terminate or temporarily suspend your access to all or any part of the Apartment Hunters websites, without notice, for conduct that the Apartment Hunters websites believes is a violation of this Agreement or any policies or guidelines posted by the Apartment Hunters websites, or for other conduct which the Apartment Hunters websites believes, in its sole discretion, is harmful to the Apartment Hunters websites or other Users. The Apartment Hunters websites may discontinue operating the Apartment Hunters websites and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Apartment Hunters websites, including the Interactive Areas, and the restrictions imposed on you with respect t o Content downloaded from the Apartment Hunters websites, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at the Apartment Hunters websites, neither the Apartment Hunters websites, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the Apartment Hunters websites. All such Content, goods, and services are made accessible on the Internet by independent third parties and are not part of the Apartment Hunters websites or controlled by the Apartment Hunters websites. The Apartment Hunters websites neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the Apartment Hunters websites, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Apartment Hunters websites, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Apartment Hunters websites or your inability to access the Internet or any site linked to or from the Apartment Hunters websites.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the Apartment Hunters websites. It is the policy of the Apartment Hunters websites not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or another independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Apartment Hunters websites IS AT YOUR SOLE RISK. NEITHER THE Apartment Hunters websites NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE Apartment Hunters websites OR ANY INTERNET SITE LINKED TO OR FROM THE Apartment Hunters websites WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Apartment Hunters websites OR ANY INTERNET SITE LINKED TO OR FROM THE Apartment Hunters websites OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE Apartment Hunters websites OR ANY SITE LINKED TO OR FROM THE Apartment Hunters websites. THE Apartment Hunters websites IS PROVIDED ON AN «AS IS» BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE Apartment Hunters websites, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE Apartment Hunters websites, OR ANY INTERNET SITE LINKED TO OR FROM THE Apartment Hunters websites, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Apartment Hunters websites, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE Apartment Hunters websites OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE Apartment Hunters websites. THE CONTENT WITHIN THE Apartment Hunters websites AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Apartment Hunters websites MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE Apartment Hunters websites AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE Apartment Hunters websites AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Apartment Hunters websites are NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Apartment Hunters websites SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Apartment Hunters websites, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Apartment Hunters websites.
You agree to indemnify and hold the Apartment Hunters websites, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Apartment Hunters websites or any Internet site linked to or from the Apartment Hunters websites, or in connection with the transmission of any Content on the Apartment Hunters websites.
This Agreement comprises the entire agreement between the Apartment Hunters websites and you and supersedes any prior agreements with respect to the subject matter herein. The Apartment Hunters websites may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the Apartment Hunters websites. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Apartment Hunters websites. Your continued accessing and use of the Apartment Hunters websites following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the Apartment Hunters websites to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the Apartment Hunters websites, excluding its conflict of laws rules, and you and the Apartment Hunters websites each submit to the exclusive jurisdiction of the courts of that state or province.
Apartment Hunters Inc., Vendors, Visitors and Clients agree that:
- Agreements and all matters pertaining thereto shall be governed by and construed according to the laws of the State of California
- Agreements have been entered to in Los Angeles County, and it shall be deemed for venue and all other purposes to be performable in California.
This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the Apartment Hunters websites have been done strictly for clarification and identification and does not constitute endorsement by the Apartment Hunters websites of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the Apartment Hunters websites by such trademark, service mark or link owner.