BY AGREEING TO USE OUR SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT GOVERNS ANY USE OF THE SITE BY YOU.
1. Notice. The Site is owned and operated by Us and its contractors. We have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any services offered by the Site. You may visit our Site at any time to read these Terms and learn of any revisions made to these Terms. All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
2. Intended Use.
a. This site offers general information about apartment location services and uses the information that you provide to put you in touch with our agents and/or brokers and potential apartment communities. Our company includes agents and brokers licensed in the State of Tennessee and, accordingly, we are governed by all rules and regulations of that profession. Your submission of information does not automatically create a brokerage relationship with us or any particular broker/agent.
b. You understand that we do not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Properties, Services or any third-party services or products posted on or offered through our Site.
c. You understand that any statements by us and or employees, agents, affiliates, and members are provided for informational purposes only.
3. Our Services.
a. In General. We offer information to tenants and prospective tenants regarding various Property spaces and amenities, as well as certain events, policies, and financial, logistical and operational matters. The use of the Site by you does not create a landlord-tenant relationship, nor does it constitute an offer to lease any Property. All leasing decisions are between you and each Property, completely exclusive of us.
4. Use of Information and Materials on our Site.
a. The information contained on our Site is subject to change without notice.
b. While we make every effort to ensure that the information on our Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on our Site.
c. Any unauthorized use of our Site and systems including, but not limited to, unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Site, is strictly prohibited.
d. Except as expressly granted herein, the viewing, printing, or downloading of any content, graphic, form, or document from the Site, is prohibited. We grant you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
e. Prohibitions: You are prohibited from using this site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to the extent the same may exist; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services or site; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our services or site. We reserve the right to terminate your use of our services or site for violating any of the prohibited uses.
5. Third Party Links/Services
b. Disclaimer. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in these Terms. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.
a. Limitations of Warranties and Remedies. To the full extent allowed by law, we disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. We neither assume nor authorize any other person to assume for us any other liability in connection with the sale and use of the Services or services provided by Property or any third-party. In no event will we be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if we have, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
b. Limitation of Liability. To the greatest extent authorized by applicable law, in no event shall we, our directors, officers, employees, affiliates, agents or service providers be liable for any injury, loss, claim, or any damages of any kind, including, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this site, or for any other claim related in any way to your use of this site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content transmitted or otherwise made available via the site, even if advised of their possibility; this also includes any damage or harm that you may suffer from actually residing in any apartment community after utilizing any services we offer on the site, such liability being expressly denied.
Unless otherwise noted, all Tenant Services and any other services (other than the Services as defined above) are provided by independent Vendors, and not by us. In no event will we be liable for any Tenant Services, other services, nor any act or omission by any Vendor, including (without limitation) those who are "White labeled" with our name and brands and/or email addresses. Each Vendor is an independent service provider and not a partner or affiliate of us.
c. Indemnification. You agree to defend, indemnify, and hold harmless us and our officers, directors, contractors, owners, agents and employees (the "Covered Parties") against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Covered Parties may incur arising out of or resulting from your use of the Site or any of the Services.
d. Choice of Law and Venue. These Terms will be construed and governed in accordance with the laws of the State of Tennessee without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By using the Site, you hereby irrevocably submit yourself to the exclusive venue and personal jurisdiction of the state and federal courts in Davidson County, Tennessee with regard to any dispute relating to these Terms or its enforcement. You also hereby waive any challenge to venue and personal jurisdiction you may have to a lawsuit filed in a state or federal court in Davidson County, Tennessee, relating to a dispute between the parties relating to these Terms or its enforcement.
e. Severability. If any provision of these Terms are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
f. Additional Provisions Regarding Liability. You agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
g. Notices. Any notices or communication sent by you to us pursuant to these Terms will be in writing and sent to the address specified herein or such other address as Property may specify in writing. All notices must be sent to: firstname.lastname@example.org.
8. Additional Information.
a. Trademarks. We are the owner of the marks, "Apartment Insiders", apartmentinsiders.com, and all related marks, slogans and logos appearing on the Site. All Property and other marks and logos appearing on the Site are owned by their respective owners. We are the owner of the Site, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery. All rights are reserved.
b. Copyrights. Our Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics. The contents of the Site are protected under the United States and foreign country copyright laws, as well as international treaties. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Property and the copyright owner, if applicable. All rights are reserved
9. Suggestions and Idea Submissions. Unless otherwise agreed to in writing, we do not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current partners and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, we cannot and do not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions with us through the Site. Any ideas disclosed to us outside of a pre-existing and documented confidential business relationship are not confidential and we may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. We will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if, in our sole discretion, we determine that a review is necessary, it will be with the understanding that we assume no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to us through the Site, you agree to be bound by the terms of these Terms.
10. Representations and Warranties. By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or us. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
11. Contact Us. If you have any questions or suggestions regarding these Terms, please contact us at: email@example.com.