Last Revision: April 11, 2016
Ownership of the Sites; Restrictions on Use
The Sites, all pages within the Sites, and materials made available for download are the property of Company. The Sites are protected by United States and international copyright, trademark, and patent laws. The contents of the Sites, including without limitation the files, documents, text, photographs, images, audio, video, location data, and any materials accessed through or made available for use or download through the Sites (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Company, including the provision of services or products to Company, or in connection with a business relationship with Company. You may not frame, utilize framing techniques to enclose, or deep link to, any name, trademark, logo, Content, or other proprietary information (including images, text, page layout, or form) of Company without Company’s express written consent.
You may not use automated systems (e.g., robots, spiders, etc.) to access or “harvest” information from the Sites. You agree not to collect personally identifiable information of other users of the Sites or to sell or otherwise exploit that information. You agree not to use the Sites in any manner that could damage, disable, overburden, or impair the Sites.
Trademarks, trade names, service marks, designs, and logos of our Network Partners that are or may be displayed on the Site or White-Label Sites are the property of the respective Network Partners and are used by permission.
You acknowledge that the Sites and Content include information which is confidential and proprietary to Company (“Confidential Information”). Confidential Information includes Content or information marked as “Confidential” or with a similar label, as well as any other Content or other information which you know, or reasonably should know, is confidential or proprietary to Company. If you are not sure whether Content is Confidential Information, contact an authorized Company employee for clarification and do not disclose such Content to any third party until you receive such clarification. You agree to keep all such Confidential Information strictly confidential and to not disclose any such Confidential Information to any third party without the advance written consent of Company. You agree to treat all Confidential Information with the same care and caution as you would treat your own Confidential Information.
Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accurateness of the Sites, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Sites and Content thereon. It is possible that the Sites could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Any information, Content, service, function, or feature contained on the Sites may be discontinued, changed, or updated at any time with or without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Sites from any third party.
Access to Sites
Submissions / Uploads to the Sites
If you submit, upload, post, or transmit any information or Content to the Sites (“Submissions”), you agree not to submit, upload, post, or transmit (a) anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful component. Company and its affiliates shall have the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote Submissions in any way and in any commercial or non-commercial medium or form without charge. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption. You agree to defend, indemnify, and hold Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any Submissions you submit, upload, post, transmit, or allow to be posted to the Sites.
No Duty to Monitor
You agree that Company is not liable for Content that is provided by others. Company has no duty to screen or monitor Content that you or other users may submit, upload, post, transmit, or allow to be posted, but Company and, with respect to White-Label Sites, the Network Partner, have the right to refuse to post or edit submitted Content and to remove any Content for any reason at any time.
As provided in the Digital Millennium Copyright Act (DMCA), Company has designated the following individual for notification of potential copyright infringement regarding the Sites:
P.O. Box 226
Madison, WI 53703
If you believe any content available through the Sites infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
a physical or electronic signature of the copyright owner or authorized agent;
identification of the copyrighted work(s) claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information regarding how Company may contact you (e.g., mailing address, telephone number, e-mail address);
a statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE/NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITES. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE INFORMATION OBTAINED THROUGH THE SITES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND HYPERLINKED WEBSITES. COMPANY DOES NOT WARRANT THAT CONTENT OR INFORMATION CONTAINED WITHIN THE SITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND OF THE INTERNET.
Limitation of Liability Regarding Use of Sites
COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS, AFFILIATES, VENDORS, LICENSORS, DEALERS, AND ANY THIRD PARTIES MENTIONED ON THE SITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITES, AND ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES IS TO STOP USING THE SITES AND THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Other Sites
Company makes no representations whatsoever about any other website that you may access through the Sites. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a hyperlink to a non-Company website does not mean that Company endorses or accepts any responsibility for the content or the use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, Trojan horses, and other destructive programming. If you decide to use or access any of the third party websites linked to the Sites, you do this entirely at your own risk.
Age of Users
Electronic Delivery Statement and Your Consent
You agree that Company may provide to you notices and other information concerning Company or the Sites electronically, including notice to any e-mail address that you may provide.
Company makes no representation that Content on the Sites is appropriate or available for use in locations outside the United States. If you choose to access the Sites from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE SITES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL LEASE YOUR APARTMENT, OBTAIN AN ACCEPTABLE RENT FOR YOUR APARTMENT, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR APARTMENT FOR RENT.
Company’s Relationship with Network Partners
The relationship between Company and its Network Partners is that of independent contractors. Company and Network Partners are not agents, partners, joint venturers, employees, or fiduciaries of the other and have no authority to contract for or bind the other in any manner whatsoever.