Customer Portal Sites Terms of UseMedia Center Terms of Use | Community Reputation PRO Terms of Use

Customer Portal Sites
Terms of Use

These Terms of Use govern your access to and use of the My.ApartmentGuide.com and My.Rent.com advertiser portals (collectively the “Portal Sites” or “Sites”) operated by Apartment Guide and Rent.com, respectively. Your access to and use of the Portal Sites are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Portal Sites, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of the Portal Sites that you may access, without limitation or qualification. These Terms of Use accompany and do not replace the Terms of Use governing your access to and use of the broader ApartmentGuide.com and Rent.com websites. These Terms of Use are available at http://www.apartmentguide.com/terms-of-use/, for ApartmentGuide, and http://www.rent.com/company/legal/terms/, for Rent.com. ApartmentGuide and Rent.com provide advertisers access to the Portal Sites to monitor your leads, view statistics on your advertising, construct or edit your listings, and for similar purposes.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING MY.APARTMENTGUIDE.COM AND MY.RENT.COM. 

BY ACCESSING AND/OR USING MY.APARTMENTGUIDE.COM AND MY.RENT.COM (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME.  THESE TERMS OF USE REQUIRE YOU TO GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.  READ THEM CAREFULLY AND DO NOT USE MY.APARTMENTGUIDE.COM OR MY.RENT.COM OR PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.  YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF MY.APARTMENTGUIDE.COM, MY.RENT.COM AND THE MATERIALS AND INFORMATION AVAILABLE ON THE SITES AND THE POSSIBILITY OF PUBLICATION OR PUBLICITY OF YOUR “USER GENERATED CONTENT”.

1. Modification of My.ApartmentGuide.com, My.Rent.com or Terms of Use

You acknowledge and agree that ApartmentGuide and Rent.com reserve the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Portal Sites are offered and the services, features, links, content, information and any other materials offered via My.ApartmentGuide.com or My.Rent.com at any time and from time to time without notice or further obligation to you. By continuing to access or use the Portal Sites after ApartmentGuide or Rent.com make any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.

2. Privacy

See ApartmentGuide.com’s Privacy Policy for information on users’ rights and responsibilities with respect to information collected by My.ApartmentGuide.com by clicking http://www.apartmentguide.com/privacy/.

See Rent.com’s Privacy Policy for information on users’ rights and responsibilities with respect to information collected by My.Rent.com by clicking http://www.rent.com/company/privacy-full/.

3. Registration and Passwords

If you open an account, register or provide certain information via the Portal Sites, you agree to complete the account initiation, registration or other process by providing the Portal Sites with current, complete and accurate information as requested by any forms. You must review the information you submit to confirm its accuracy. Any password you choose to access your account must (a) not be easily guessed, (b) include no common words or names, (c) include at least eight characters, and (d) meet at least 3 of 5 categories: 1. English uppercase characters (A-Z), 2. English lowercase characters (a-z), 3. Base 10 digits (0-9), 4. Non-alphanumeric (For example: !,$,#, or %), 5. Unicode characters, 6. Does not contain 3 or more characters from the user’s account name. You are responsible for safeguarding any password that you use to access any areas of the Portal Sites.

You agree not to disclose your password to any third party, and to take reasonable precautions to prevent any disclosure of your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions, including in breach of these Terms of Use. You will immediately notify ApartmentGuide and Rent.com of any known or suspected unauthorized use of your password.

4. Your Use of the Content

ApartmentGuide and Rent.com authorize you to view, copy, download and print a single copy of any content available on the Portal Sites, provided that:

  • if you are a property owner/manager, the content is used only for the purposes of using the services expressly offered by the Portal Sites, or to post, review, analyze or modify your advertisements (in all cases, subject to the restrictions set forth in the Advertising Policies for ApartmentGuide and Rent.com);
  • the content is not modified or redistributed; and
  • all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such content, in each case, subject to the restrictions set forth in these Terms of Use.

Except for this permitted use, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Portal Sites. The content available through the Portal Sites is the sole property of ApartmentGuide and Rent.com or their licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws.

5. No Unlawful or Prohibited Use

As a condition of your use of the Portal Sites, you warrant to ApartmentGuide and Rent.com that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Portal Sites and any related activities. In addition, you warrant that you will not use the Portal Sites in any way prohibited by these terms, conditions and notices. If you violate any of these Terms of Use, your permission to use the Portal Sites will automatically terminate. ApartmentGuide and Rent.com reserve the right to revoke your access to and use of the Portal Sites at any time, with or without cause.

6. General Prohibitions

You agree not to do any of the following while using the Portal Sites:

Post, publish or transmit any text, graphics or material that:

  • is false or misleading;
  • is defamatory;
  • invades another’s privacy;
  • is obscene, pornographic or offensive;
  • promotes bigotry, racism, hatred or harm against any individual or group;
  • infringes another’s rights, including any intellectual property rights; or
  • violates, or encourages any conduct that would violate, any applicable law or regulation, including Fair Housing laws and regulations, or could give rise to civil or criminal liability;
  • access, tamper with or use non-public areas of the Portal Sites, ApartmentGuide’s or Rent.com’s computer systems, or the technical delivery systems of ApartmentGuide’s or Rent.com’s providers;
  • attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • attempt to access or search the Portal Sites for purposes other than those permitted by these Terms of Use, with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by ApartmentGuide, Rent.com or other generally available third party web browsers;
  • send unsolicited email, junk mail, spam or chain letters, or promotions or advertisements for products or services;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Portal Sites to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Portal Sites;
  • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Portal Sites; or
  • impersonate or misrepresent your affiliation with any person or entity.

ApartmentGuide and Rent.com will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and any security issues involving the Portal Sites, to the fullest extent of the law. ApartmentGuide and Rent.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that ApartmentGuide and Rent.com have no obligation to monitor your access to or use of the Portal Sites, but has the right to do so for the purpose of operating the Portal Sites, to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

7. Use of My.ApartmentGuide.com and My.Rent.com at Your Own Risk

Your access to and use of the Portal Sites is at your own risk. ApartmentGuide and Rent.com will have no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Portal Sites.

8. My.ApartmentGuide.com and My.Rent.com are Available ‘AS-IS’

ALL CONTENT PROVIDED ON THE PORTAL SITES IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN YOU AND APARTMENTGUIDE AND/OR RENT.COM, EXCEPT FOR THESE TERMS OF USE AND THE APARTMENTGUIDE OR RENT.COM PRIVACY POLICIES. WITHOUT LIMITING THE FOREGOING, THE PORTAL SITES ARE PROVIDED ’AS IS’, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, APARTMENTGUIDE.COM AND RENT.COM EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
APARTMENTGUIDE AND RENT.COM MAKE NO WARRANTY THAT THE PORTAL SITES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
APARTMENTGUIDE AND RENT.COM MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE PORTAL SITES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PORTAL SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PORTAL SITES OR THROUGH THE PORTAL SITES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Indemnity

You agree to defend, indemnify and hold harmless ApartmentGuide, Rent.com, its affiliates, officers, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Portal Sites or your violation of these Terms of Use.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER APARTMENTGUIDE OR RENT.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PORTAL SITES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PORTAL SITES, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT APARTMENTGUIDE OR RENT.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT APARTMENTGUIDE AND RENT.COM ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, APARTMENTGUIDE AND RENT.COM WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE PORTAL SITES OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF APARTMENTGUIDE AND/OR RENT.COM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE PORTAL SITES, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO APARTMENTGUIDE.COM OR RENT.COM FOR ACCESS TO AND USE OF THE PORTAL SITES, CONTENT OR SERVICES DURING THE PRECEDING THREE MONTHS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND APARTMENTGUIDE AND/OR RENT.COM.

11. Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of ApartmentGuide or Rent.com to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

12. Controlling Law and Jurisdiction

Use of the Portal Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. These Terms of Use and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Gwinnett County, Georgia, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

13. Export Laws

You acknowledge that the software and any accompanying documentation and/or technical information associated with the Portal Sites are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

14. User Generated Content

“User Generated Content” consists of communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Portal Site. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Portal Sites (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Among these functions, we may now or in the future permit users to respond to ratings and reviews of properties posted by or derived from users of ApartmentGuide.com, Rent.com or other third parties. Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Site. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

15. Posting Rules for User Generated Content

Be Courteous –Flaming and insults are prohibited. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.

Respect Privacy – Do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other website users. Do not identify or speculate as to the identity of any anonymous or pseudonymous provider of ratings or reviews of any properties, and do not post any information that could reasonably be expected to identify any such person.

Be Personal – Do not post any content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.”

Be True – Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities.

Be Original – You promise that you own or control all rights in any User Generated Content that you post to the Site. You are responsible for ensuring that any User Generated Content that you post does not, and will not, violate anyone else’s rights.

Be Fair – Remember that ratings and reviews posted on ApartmentGuide.com and/or Rent.com come from your renters. While ApartmentGuide and Rent.com encourage you to use these ratings and reviews as an opportunity to learn about your renters’ perceptions and respond accordingly, you should not use your response to offer an incentive to change the rating or review.

16. General Rules for User Generated Content

No liability. ApartmentGuide and Rent.com may, but are not obligated to, prescreen User Generated Content on the Sites. ApartmentGuide and Rent.com do not guarantee the Sites will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Users are solely responsible and liable for their User Generated Content and ApartmentGuide and Rent.com do not endorse such content or accept any liability whatsoever for such content or activities of Registrants or users on the Sites. ApartmentGuide and Rent.com reserve the right to edit, remove, suppress or refuse to post any User Generated Content and/or terminate your registered account for any reason. The appearance of User Generated Content on the Sites or on ApartmentGuide.com or Rent.com does not imply any endorsement by ApartmentGuide or Rent.com thereof, and any User Generated Content included on the Sites or on ApartmentGuide.com or Rent.com does not necessarily reflect ApartmentGuide’s or Rent.com’s own views.

Registration. To post User Generated Content, you must become a registered user (“Registrant”). You must be at least 18 years of age to become a Registrant.

ApartmentGuide’s Rights to Your Posting. Your User Generated Content is not confidential or proprietary. You grant to ApartmentGuide and Rent.com a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign and commercialize without any payment due to you.

Procedure for Making Claims of Copyright Infringement. The Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), provides owners and operators of websites a limitation of liability for User Generated Content that infringes a third party’s copyright. Pursuant to the DMCA, ApartmentGuide.com and Rent.com have designated an agent to receive notices of copyright infringement claims, and has adopted a take-down process. If you believe in good faith that your valid copyright is infringed by content on the Portal Sites, please submit a notice containing the following:

a)     a signature, electronic or physical, of the person authorized to act on behalf of the owner of the copyright interest;

b)     a description of the copyrighted work that you claim has been infringed;

c)     a description of where the material that you claim is infringing is located on the website;

d)     your appropriate contact information, including your address, telephone number and email address;

e)     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; and

f)      a statement by you that the above information in your notice is accurate, and that, under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
ApartmentGuide’s and Rent.com’s agent for receipt of this notice is infringement@rentpath.com or

RentPath, LLC
Attn: General Counsel’s Office
950 East Paces Ferry Road NE, Suite 2600
Atlanta, GA 30326

Upon receiving a notice that complies with these requirements, ApartmentGuide and/or Rent.com will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. ApartmentGuide and Rent.com reserve the right to terminate the access to the Portal Sites of any user whose User Generated Content is the subject of such a notice. Note that users may be entitled by the DMCA to submit a counter-notice contending that their User Generated Content does not infringe the asserted copyright, and that there may be penalties for falsely submitting a notice under the DMCA.

Complaints. Immediately notify ApartmentGuide and/or Rent.com in writing of any objectionable content appearing on the Portal Sites (other than content that you believe infringes a copyright, which is provided for above). ApartmentGuide and Rent.com will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content. Notifications may be sent to infringement@rentpath.com.

17. Real Estate Licensing

The ApartmentGuide family of sites and Rent.com provide advertisement and related services to lessors and lessees of rental properties. Such services are provided by RentPath, LLC, its subsidiaries and/or affiliates. All references to RentPath, LLC contained in this section include RentPath, LLC and such subsidiaries and affiliates as the context may require.
RentPath, LLC is licensed as a real estate broker through its subsidiaries and affiliates in those states where it believes it may be necessary or advisable to do so in order to comply with state real estate brokerage laws and regulations. While RentPath, LLC may be licensed in certain states, it does not render legal, brokerage or other professional advice or services to any of its advertiser clients or users of its websites, and does not participate in any negotiations with respect to lease transactions.

Notwithstanding this disclaimer, RentPath, LLC is licensed to conduct real estate brokerage activities in the following states:

Arizona Iowa Nebraska South Carolina
Arkansas Kentucky Nevada South Dakota
California Louisiana New Hampshire Tennessee
Connecticut Maryland New York Texas
Florida Massachusetts North Carolina Virginia
Georgia Minnesota Oregon Washington
Hawaii Mississippi Pennsylvania West Virginia
Indiana Missouri Rhode Island Wisconsin

RentPath, LLC is located at:
950 East Paces Ferry Road NE, Suite 2600
Atlanta, GA 30326
678.421.3000

18. Entire Agreement

These Terms of Use, and the other policies, terms, guidelines and rules referenced herein, constitute the entire and exclusive agreement between you and ApartmentGuide and/or Rent.com regarding the Portal Sites, and supersede and replace any prior agreements between you and ApartmentGuide and/or Rent.com regarding the Portal Sites.

If you have any questions about these Terms of Use, please contact RentPath, LLC:

RentPath, LLC
Attn: Terms of Use Questions
950 East Paces Ferry Road NE, Suite 2600
Atlanta, GA 30326

 

 

Media Center
Terms of Use

These Terms of Use (these “Terms”) govern your use of RentPath’s “Media Center” product, which is an optional part of the Portal Sites (as defined in the Term of Use (the “TOU”). By accessing or using the Portal Sites, you agree to the following terms and conditions in addition to the TOU. All capitalized terms used herein but not defined, shall have the meaning ascribed to them in the TOU. For clarity, all references to the “Company”, “we”, “us” or “our” shall mean RentPath, LLC, operator of Apartment Guide, Rent.com, and their affiliates (as applicable).

1. Media Center.

Through our Media Center feature (the “Media Feature”), we allow you to use our portal (the “Media Portal”) to: (a) submit (as defined below) communications, property materials, information, and other content generated by you (“User Generated Content”) to be used for targeted marketing, (b) use certain photographs, videos, media files, and other content that we provide to you (“Company Content”) for targeted marketing (User Generated Content and Company Content jointly referred to as “Content”), and (c) communicate and send targeted advertisements using the Content, via automated text messages, emails and print (or compile the Content and order prints from us to be sent), to: (i) those of your existing or previous renters (“Existing Renters”) whose details (e.g., names, phone numbers and email addresses) you either provide to us or authorize us to obtain from a third-party database (the “Sync Feature”) and (ii) those users of our websites, Apartmentguide.com, Rent.com, and Livelovely.com, as well as the websites of our syndication partners (collectively, our “Sites”), who express interest in your property by submitting a lead form in which they consent in writing to share their details (“Prospective Renters”) (Existing Renters and Prospective Renters together, “Target Renters”).

2. Charges.

Subject to Section 13 (Modifications and Audit), the Media Feature is provided to you as an add-on service pursuant to an insertion order between you and the Company (“Advertising Services”). Your use of the Media Feature is subject to a  subscription fee as well as overage charges if you exceed the allotted number of messages included in your Advertising Services.

All payment and invoicing terms for the Media Feature shall be in accordance with the terms of advertising services provided at http://www.rentpath.com/legal/advertising-terms/ (the “Advertising Services Terms”). Any outstanding balance becomes immediately due and payable upon termination of your Advertising Services in accordance with the Advertising Services Terms and any collection expenses (including attorneys’ fees) that we incur will be included in the amount owed, and may be charged to the billing mechanism associated with your account.

3. Registration; Limitations on Use Across Portfolios.

To use the Media Feature, you will need to register for the Portal Sites, by providing us with current, complete and accurate information and password as required by the TOU. You will protect your passwords and take full responsibility for the use of your account and any activities that occur under your account. You will notify us immediately upon learning of any unauthorized use of your account or any other breach of security. Our (or our affiliates’) employees and agents may, from time to time, log in to your account in order to maintain or improve service, including to provide you assistance with technical or billing issues.

In addition, if the Advertising Services were purchased for use by one of your Properties, you may not use the Media Feature for any Property other than the Property contracted to receive the Media Feature as a part of its Advertising Services.  If you would like to use the Media Feature for multiple Properties, you must purchase the Media Feature for those additional Properties.  We may terminate your use of the Media Feature if you fail to adhere to these Terms.

4. User Generated Content.

You may post, upload, transmit through, or otherwise make available (collectively, “submit“) User Generated Content, via our Media Feature, in the form of messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials. We do not guarantee any confidentiality with respect to User Generated Content even if it is not published on our Sites. It is solely your responsibility to maintain the rights, consents and licenses for the use of User Generated Content as contemplated by these Terms and to monitor and protect any intellectual property rights that you may have in your User Generated Content; we do not accept any responsibility for the same. You agree to abide by all the obligations related to User Generated Content in the TOU.  If you send User Generated Content to Target Renters via automated text or email you are solely responsible for compliance with the Telephone Consumer Protection Act (the “TCPA”) and the CAN-SPAM Act (“CAN-SPAM”), including obtaining any necessary consent or permission from the recipients. We do not warrant that the formats on Media Center comply with the TCPA or CAN-SPAM and shall have no liability to you for violations of such laws. You further understand and agree that text messages sent to Target Renters may be generated using automated technology, including through the use of an automatic telephone dialing system.

5. Sync Feature.

As part of your use of the Media Feature, you may opt in to use the Sync Feature. Through the Sync Feature you may provide us with access to your accounts or profiles with certain third-party services or databases utilized by you (“Third-Party Services“) to enable us to copy contact record data (including names, birthdays, addresses, lease start and end dates, move in and move out dates, phone numbers, email addresses, building and unit numbers, rent amounts, deposit amounts and similar data) from your accounts or profiles with Third-Party Services into your Media Center account.

Unless you specifically consent, we will not modify or remove any of your data within your Third-Party Services. All data we retrieve from your Third-Party Services is subject to our Privacy Policy. We will make contact record data accessible and available to other products that we own and that you also use. Users, including our personnel in some cases, who you have assigned access to your properties in the Media Feature will have access to view and edit contact record data. Editing contact record data using the Media Feature will only affect the data stored in the Media Feature.

6. Intellectual Property Rights.

The Company and/or its licensors and affiliates (if applicable) own all the right, title and interest in and to the Media Feature, the Media Portal, and all the related software (the “Media Software“), including all the copyright and other intellectual property rights in connection with the Media Feature. The Company and its licensors and affiliates (if applicable) reserve and retain all rights in and to the Media Feature, the Media Portal, the Media Software and the Company Content not expressly granted to you in these Terms. You retain all right, title and interest in your User Generated Content not expressly granted to us under these Terms.

The Company and/or its licensors and affiliates own all the right, title and interest (including all the copyright and other intellectual property rights) in and to any and all components of the Company Content that are created, produced or supplied by the Company in connection with the Media Feature (including, without limitation, ratings, reviews, regular or high definition photographs, regular, high definition or panoramic videos, and enhanced floorplan products purchased or provided hereunder) and the Company Content may not be copied or used by you for any purpose other than as explicitly permitted under these Terms.

Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Media Portal, the Media Software and the Company Content solely as necessary for you to use the Media Feature in accordance with these Terms. Subject to these Terms, you grant to the Company an irrevocable, perpetual, non-exclusive, sublicensable license to reproduce, distribute, prepare derivative works, publicly display or otherwise exploit your User Generated Content to provide and enhance our services. You will not (and will not allow any third party to): (i) copy, modify, adapt, translate or otherwise create derivative works of the Media Software, Company Content or any related documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Media Software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Media Software, the Company Content, or any other documentation, or the Media Feature; (iv) remove any proprietary notices or labels on the Media Software, the Company Content, or placed by the Media Feature; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Media Software or the Media Feature, (vi) use, display or transmit the Company Content other than through the Media Feature. You will comply with all applicable laws and regulations in your use of and access to the Media Software, the Media Portal and the Media Feature, (vii) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Media Feature for any purpose without the express written consent of the Company; or (viii) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with the Company (or its affiliates).

7.  Privacy.

You agree and represent that you have and will, at all times while using the Media Feature, have a robust privacy policy that is applicable to your website, mobile app and any other means you use to gather information from Target Renters. Your privacy policy must, at a minimum, include a clear and prominent link from each website and/or mobile app that clearly and accurately explains that: (i) you may gather information about your users from third parties and use this information to communicate with them, (ii) how users can opt-out of the collection and use of information, and (iii) where a user can access a mechanism for exercising such choice. You must not circumvent any privacy features (e.g., an opt-out) that are part of the Media Feature. You represent and warrant to us that you have obtained the consent of the Target Renters whose details you provide to us (including through use of the Sync Feature), to provide this information to us, to allow us access to this information, and to allow us to facilitate the communication between you and these Target Renters through the Media Feature. You further agree that you will not share with us information that you know or reasonably should know is from or about children under the age of 13 or that includes health, financial, or other categories of sensitive information.

8.  Representations and Warranties.

By submitting any User Generated Content, you represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all intellectual property rights in and to any and all such User Generated Content, and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in such User Generated Content to enable inclusion and use of such User Generated Content in the manner contemplated by the Media Feature. By sending any SMS Text campaigns through the Media Feature, you represent and warrant to us that you have obtained the prior express written consent from any individual to whom you send automated SMS text messages and you have a retained record of such consent. Notwithstanding these representations and warranties, we may remove or block access to any Content at any time, in our sole discretion. If you use the Media Feature on behalf of a third party or a third party otherwise uses a Portal Site through your account, whether or not you are authorized by the Company to do so, then you represent and warrant that you are authorized to act on behalf of such third party and bind them to these Terms, and all obligations hereunder.

9.  Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, and its and their respective officers, directors, employees, or agents from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) (each, a “Claim”) arising from: (i) your use of and access to the Media Portal and the Media Feature; (ii) your violation of any term of these Terms or breach of any representation or warranty made herein; (iii) your violation of any federal, state and local laws and regulations, including, without limitation, the TCPA, CAN-SPAM, and fair housing laws and regulations; (iv) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right, whether by creating and distributing any User Generated Content or otherwise; (v) any license or fee arising out of your creation of any User Generated Content; or (vi) any Claim that any of your User Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Media Feature. You shall not settle any Claim against us without our permission, which we will not unreasonably withhold.

10.  DISCLAIMER OF WARRANTIES.

THE MEDIA FEATURE IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS, THE COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. THE COMPANY MAKES NO WARRANTY REGARDING COMPLIANCE WITH THE TCPA AND CAN-SPAM, WHICH IS SOLELY YOUR RESPONSIBILITY.

11.  LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE COMPANY OR ITS SUBSIDIARIES OR AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THE COMPANY’S (AND ITS AFFILIATES’) TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL NOT EXCEED $100 (USD).

12.  Term and Termination.

Upon termination of your Advertising Services, we will stop providing, and you will stop accessing the Media Feature; your license to the Company Content shall cease; and you will delete all copies of the Media Software (to the extent applicable) and Company Content from your systems (and certify thereto in writing to us) within 3 business days of such termination. In the event of any termination (i) you will not be entitled to any refunds of any usage fees or any other fees, and (ii) any outstanding balance for the Media Feature rendered through the date of termination, and other unpaid payment obligations during the remainder of the term will be immediately due and payable in full. The provisions of Sections 2 (Charges), 4 (User Generated Content), 6 (Intellectual Property Rights), 8 (Representations and Warranties), 9 (Indemnification), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Term and Termination), 13 (Modifications and Audit), and 14 (Conflict of Terms) shall survive any termination of the Advertising Services, as applicable and the termination of your use of the Media Feature.

13. Modifications and Audit.

The Company reserves the right to monitor or audit your compliance with these Terms and to update these Terms from time to time, and your continued use of the Media Feature constitutes acceptance of those changes. We will post a notice when we modify these Terms. Changes will become effective from the date they are posted. If you do not agree to the modified terms for the Media Feature, you must discontinue your use of the Media Feature.

14.  Conflict of Terms.

These Terms govern your use of the Media Feature. These terms and conditions are in addition to the TOU which apply to your use of the general Portal Sites, and do not replace any terms applicable to your purchase of any other feature or aspect of the Portal Sites in general. In the event of any conflict between these Terms and the terms of the TOU, these Terms will govern solely with respect to your use of the Media Feature, and solely to the extent of the conflict.

Last Updated: October 12, 2017

 

Community Reputation PRO
Terms of Use 

These Terms of Use (these “Terms”) govern your use of RentPath’s “Community Reputation PRO” product, which is an optional part of the Portal Sites (as defined in the Terms of Use (the “TOU”). By accessing or using the Portal Sites, you agree to the following terms and conditions in addition to the TOU. All capitalized terms used herein but not defined, shall have the meaning ascribed to them in the TOU. For clarity, all references to the “Company”, “we”, “us” or “our” shall mean RentPath, LLC, operator of Apartment Guide, Rent.com, Rentals.com, LiveLovely.com and their affiliates (as applicable).

1.     Community Reputation PRO Suite of Products.

Community Reputation PRO is a service and tool that aggregates reviews about your property and/or company from various social media and product review websites (which may include, for example, Yelp, Google Places, Facebook, Google+ and Twitter) (the “Review Website(s)”), and provides them to you in one place for viewing when you log into your account. Through Community Reputation PRO, we use our portal (the “Reputation Portal”) to: (a) send you email or other notifications with a list of reviews from the Review Websites where people may have posted reviews and comments or whose content may affect your reputation (all such reviews, comments and content jointly referred to as “Online Content”), (b) provide reports analyzing the comments and providing you analysis of the Online Content (the “Reports”), (c)  suggest appropriate responses to the Online Content, (d) edit the suggested response based on comments, information and feedback from you (“User Feedback”), (e) provide grammar, spelling and professional language recommendations and final edits, and (f) post the appropriate response to the relevant Review Websites. All content provided by the Company as a part of Community Reputation PRO, including email notifications, responses, and Reports, in any format, is collectively referred to as the “Company Content”.

2.     Charges.

Subject to Section 15 (Modifications and Audit), Community Reputation PRO may be provided to you as a part of your advertising package with us (“Advertising Package”) or as a separate standalone feature pursuant to a separate insertion order (“Add-On Insertion Order”). Your use of Community Reputation PRO is subject to a fee if purchased as a separate standalone feature.

All payment and invoicing terms for Community Reputation PRO (and related PRO products) shall be in accordance with the terms of advertising services provided at http://www.rentpath.com/legal/advertising-terms/) (the “Advertising Services Terms”). Any outstanding balance becomes immediately due and payable upon termination of the Services (as defined in the Advertising Services Terms) and any collection expenses (including attorneys’ fees) that we incur will be included in the amount owed, and may be charged to the billing mechanism associated with your account.

3.     Registration.

To use Community Reputation PRO, you will need to register for the Portal Sites, by providing us with current, complete and accurate information and password as required by the TOU. You will protect your passwords and take full responsibility for the use of your account and any activities that occur under your account. You will notify us immediately upon learning of any unauthorized use of your account or any other breach of security. Our (or our affiliates’) employees and agents may, from time to time, log in to your account in order to maintain or improve service, including to provide you assistance with technical or billing issues.

4.     User Generated Content.

You may post, upload, transmit through, or otherwise make available (collectively, “submit”) content in the form of messages, text, response to ratings and reviews, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, Mobile Uploads (as defined below) and/or other materials, via Community Reputation PRO (collectively, “User Generated Content”). We do not guarantee any confidentiality with respect to User Generated Content even if it is not published on our Sites. It is solely your responsibility to maintain the rights, consents and licenses for the use of User Generated Content as contemplated by these Terms and to monitor and protect any intellectual property rights that you may have in your User Generated Content; we do not accept any responsibility for the same. You understand and agree that the Company may, but is not obligated to, review the Portal Sites and may remove or delete (without notice) any Company Content or User Generated Content in its sole discretion, for any reason or no reason, including User Generated Content that in our sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Generated Content you post or store on the Portal Sites or provide to the Company.

5.     User Conduct.

You agree to abide by all the obligations related to User Generated Content in the TOU. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through Community Reputation PRO will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition to the general prohibitions in the TOU, you agree not to use Community Reputation PRO or the Portal Sites:

(i)         to harvest or collect email addresses or other contact information of other users from Community Reputation PRO, the Portal Site or the Review Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(ii)        in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

(iii)      to use automated scripts to collect information from or otherwise interact with Community Reputation PRO or the Portal Site;

(iv)       to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

(v)        to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

(vi)       to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(vii)     to upload, post, transmit, share, store or otherwise make publicly available on the Portal Site any private information of any third party, including email addresses, Social Security numbers and credit card numbers;

(viii)    to solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;

(ix)       to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(x)        to intimidate or harass another;

(xi)       to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

(xii)     to use or attempt to use another’s account, service or system without authorization, or create a false identity on Community Reputation PRO or the Portal Site; or

(xiii)    to upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.

6.     Intellectual Property Rights.

The Company and/or its licensors and affiliates (if applicable) own all the right, title and interest in and to each of Community Reputation PRO, the Reputation Portal, and all the related software (the “Reputation Software”), including all the copyright and other intellectual property rights in connection with Community Reputation PRO. The Company and its licensors and affiliates (if applicable) reserve and retain all rights in and to Community Reputation PRO, the Reputation Portal, the Reputation Software and the Company Content not expressly granted to you in these Terms. You retain all right, title and interest in your User Generated Content not expressly granted to us under these Terms.

The Company and/or its licensors and affiliates own all the right, title and interest (including all the copyright and other intellectual property rights) in and to any and all components of the Company Content that are created, produced or supplied by the Company in connection with the Community Reputation PRO (including, without limitation, compilations of Online Content, Reports, etc. provided hereunder) and the Company Content may not be copied or used by you for any purpose other than as explicitly permitted under these Terms.

Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Reputation Portal and the Reputation Software solely as necessary for you to use Community Reputation PRO to manage your online reputation in accordance with these Terms. The Company further grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to view, download and print a copy of any Company Content (including the Reports) to which you have properly gained access solely for your personal, non-commercial use as necessary to access Community Reputation PRO in accordance with the terms hereof. Except for your own User Generated Content, you may not upload or republish Company Content on any website (including the Review Websites) or incorporate the information in any other database or compilation, except using Community Reputation PRO.

When you post User Generated Content to the Portal Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Generated Content on the Portal Sites and the Review Websites. By posting User Generated Content to any part of Community Reputation PRO, you automatically grant, and you represent and warrant that you have the right to grant to the Company, an irrevocable, perpetual, non-exclusive, transferable, sublicensable, fully paid, worldwide license to use, reproduce, distribute, prepare derivative works, publicly display, reformat, translate, excerpt (in whole or in part) or otherwise exploit your User Generated Content to provide and enhance our services. The Company does not assert any ownership over your User Generated Content; rather, as between us and you, subject to the rights and license granted to us in these Terms, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.

You will not (and will not allow any third party to): (i) copy, modify, distribute, frame, reproduce, republish, display, post, adapt, translate, transmit or otherwise create derivative works of the ReputationSoftware, Company Content, or any documentation or Reports; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Reputation Software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Reputation Software, the Company Content (including the Reports), or any other documentation, or Community Reputation PRO; (iv) remove any proprietary notices or labels on the Reputation Software, the Company Content, or placed by any of Community Reputation PRO; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Reputation Software or Community Reputation PRO; (vi) use, display or transmit the Company Content other than through Community Reputation PRO; (vii) violate any applicable law or regulations in your use of and access to the Reputation Software, the Reputation Portal and Community Reputation PRO; (viii) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with Community Reputation PRO for any purpose without the express written consent of the Company; or (ix) register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with the Company (or its affiliates).

7. Community Reputation PRO through Mobile.

You may be able to access certain Community Reputation PRO via your mobile device, including (i) the ability to upload User Generated Content to Community Reputation PRO via your mobile device (“Mobile Uploads”), (ii) the ability to receive and reply to Community Reputation PRO messages, (iii) the ability to browse Community Reputation PRO from your mobile device, and (iv) the ability to access Community Reputation PRO through a mobile application you have downloaded and installed on your mobile device  (collectively, the “Mobile Services”). We do not charge separately for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Community Reputation PRO and other services and updates by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, it is your sole responsibility to promptly update your account information to ensure that your messages are not sent to the person who acquires your old number.

8. Privacy.

You agree and represent that you have obtained the requisite consents for the collection, use, disclosure and publication of any private information you provide to us as part of User Generated Content through Community Reputation PRO. You further agree that you will not share with us information that you know or reasonably should know is from or about children under the age of 13 or that includes health, financial, or other categories of sensitive personal information.

9. Third Party Websites and Content.

The Portal Site may contain (or you may be sent through the Portal Site or Community Reputation PRO) links to other web sites, including Review Websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Portal Sites or any Third Party Content posted on, available through or installed from the Portal Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Portal Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Portal Site or relating to any Third Party Content you use or install.

10. Representations and Warranties

By submitting any User Generated Content, you represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all intellectual property rights in and to any and all such User Generated Content, and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in such User Generated Content to enable inclusion and use of such User Generated Content in the manner contemplated by Community Reputation PRO. Notwithstanding these representations and warranties, we may remove or block access to any Company Content and/or User Generated Content at any time, in our sole discretion. If you use Community Reputation PRO on behalf of a third party or a third party otherwise uses a Portal Site through your account, whether or not you are authorized by the Company to do so, then you represent and warrant that you are authorized to act on behalf of such third party and bind them to these Terms, and all obligations hereunder.

11. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, and its and their respective officers, directors, employees, or agents from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) (each, a “Claim”) arising from: (i) your use of and access to the Reputation Portal and Community Reputation PRO; (ii) your violation of any term of these Terms or breach of any representation or warranty made herein; (iii) your violation of any federal, state and local laws and regulations, including fair housing laws and regulations; (iv) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right, whether by creating and distributing any User Generated Content or otherwise; (v) any license or fee arising out of your creation of any User Generated Content; or (vi) any Claim that any of your User Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of Community Reputation PRO. You shall not settle any Claim against us without our permission, which we will not unreasonably withhold.

12. DISCLAIMER OF WARRANTIES

COMMUNITY REPUTATION PRO IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS, THE COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PORTAL SITE AND/OR COMMUNITY REPUTATION PRO. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY SOFTWARE, CONTENT OR MATERIALS ON THE PORTAL SITE, OR COMMUNITY REPUTATION PRO IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, AND/OR SOFTWARE (INCLUDING IN RELATION TO ANY MOBILE SERVICES) FROM OR THROUGH COMMUNITY REPUTATION PRO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company is not responsible or liable in any manner for any User Generated Content or Third Party Content posted on the Portal Site or in connection with Community Reputation PRO, whether posted or caused by users of the Portal Site, by Community Reputation PRO, by third parties or by any of the equipment or programming associated with or utilized in the Portal Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Portal Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Portal Site or in connection with any User Generated Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Portal Site or Community Reputation PRO.

The Portal Site and Community Reputation PRO may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, the Reputation Software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Portal Site or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with Community Reputation PRO. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Generated Content or personal injury or death, resulting from anyone’s use of the Portal Site or Community Reputation PRO, any User Generated Content or Third Party Content posted on or through the Portal Site or Community Reputation PRO or transmitted to you via Community Reputation PRO.

The Company reserves the right to change any and all Company Content, the Reputation Software and other items used or contained in the Portal Site and Community Reputation PRO offered through the Site at any time without notice.

13. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE COMPANY OR ITS SUBSIDIARIES OR AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THE COMPANY’S (AND ITS AFFILIATES’) TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL NOT EXCEED $100 (USD).

14. Term and Termination

Upon termination of your Advertising Package and/or your Insertion Order, we will stop providing, and you will stop accessing Community Reputation PRO; your license to the Company Content shall cease; and you will delete all copies of the Reputation Software (to the extent applicable) and Company Content from your systems (and certify thereto in writing to us) within 3 business days of such termination. In the event of any termination (i) you will not be entitled to any refunds of any usage fees or any other fees, and (ii) any outstanding balance for Community Reputation PRO rendered through the date of termination, and other unpaid payment obligations during the remainder of the term will be immediately due and payable in full. The provisions of Sections 2 (Charges), 4 (User Generated Content), 6 (Intellectual Property Rights), 10 (Representations and Warranties), 11 (Indemnification), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Term and Termination), 15 (Modifications and Audit), and 16 (Conflict of Terms) shall survive any termination of the Advertising Package or an Insertion Order, as applicable and the termination of your use of Community Reputation PRO.

15. Modifications and Audit

The Company reserves the right to monitor or audit your compliance with these Terms and to update these Terms from time to time, and your continued use of Community Reputation PRO constitutes acceptance of those changes. We will post a notice when we modify these Terms. Changes will become effective from the date they are posted. If you do not agree to the modified terms for Community Reputation PRO, you must discontinue your use of Community Reputation PRO.

16. Conflict of Terms

These Terms govern your use of Community Reputation PRO. These terms and conditions are in addition to the TOU which apply to your use of the general Portal Sites, and do not replace any terms applicable to your purchase of any other feature or aspect of the Portal Sites in general. In the event of any conflict between these Terms and the terms of the TOU, these Terms will govern solely with respect to your use of Community Reputation PRO, and solely to the extent of the conflict.

Last Updated: April 6, 2017.