Agreement Between You and Apartment Gurus, LLC d/b/a ApartmentGurus.com (the “Website”).
Information concerning ApartmentGurus.com and its services, including classified services, rates, text, graphics, icons, audio and video clips, files, images, photos, maps, digital downloads, data compilations, logos, trademarks, and copyright protected data and other information on the Website is referred to as “Company Information.” Apartment Gurus, LLC d/b/a Apartment Gurus.com owns all copyrights, trademarks, service marks, and trade names related to the Company Information and the Company Information is proprietary to Apartment Gurus, LLC d/b/a Apartment Gurus.com.
Website Information and Venue. The Website is a dynamic advertising platform venue owned and operated by Apartment Gurus, LLC. The classified advertisements for rental properties, sublets, and roommates and related services posted on ApartmentGurus.com are procured and provided by Apartment Gurus, LLC and/or its parents, partners, subsidiaries and affiliates. Apartment Gurus, LLC may provide technical support, marketing support, and customer support services to the parents, partners, subsidiaries, and affiliates. All references to “ApartmentGurus.com” include Apartment Gurus, LLC and its parents, partners, subsidiaries, and affiliates. In the case of any violation of our Agreement, Apartment Gurus, LLC and its parents, partners, subsidiaries, West End Realty Advisors, LLC and its partners, subsidiaries, parents, (collectively, “ApartmentGurus.com” or “we,” “our” or “us”), reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of this Website. For purposes of our Agreement, the term “Website” may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which ApartmentGurus.com currently participates or may participate in the future with regard to advertising services, data support, technical support, and/or marketing services amongst other services to be determined at the sole discretion of ApartmentGurus.com.
PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION FOR ANY CLASSIFIED RENTAL PROPERTY OR ROOMMATE ADVERTISEMENT. We do not own nor can we contract for any rental property listed on the Website. Instead, the Website acts as a venue to allow a visitors to our Website to offer for rent, or rent, in a variety of pricing formats, a specific rental property to other visitors, including potential renters or roommates. Unless our apartment locating services are utilized by potential renters in markets in which we are licensed by applicable state agencies, we are not involved in the actual transaction between landlords, property managers, property owners and prospective tenants, tenants, roommates, and visitors even though we may provide tools, such as contact information of advertisers, that enable a visitor to enter into a transaction to lease a specific property directly from the advertiser of the that rental property. As a result, the quality, safety or legality of the properties or classifieds advertised, the truth or accuracy of the advertised listings (including the content thereof or any property or classified advertisement), the ability of visitors to qualify to rent property or the ability of potential renters or roommates to pay for advertised rental rates are solely the responsibility of each user and/or visitor.
Fees and Services. As contained within our Classified Fees Policy, prospective and actual users (“Users”) may search the Website for available rental units, sublets, and/or roommate rental advertisements (“Properties”) at no charge. There are charges to landlords/property managers/advertisers of sublet ads/advertisers of roommate advertisements (“Lessors”) to insert their Property advertisements on the Website. Lessors should review our Classified Fees Policy to see when and under what conditions a charge is imposed.
Content & Information. In order to assure the value & freshness of ApartmentGurus.com’s data content & services on the Website, you agree that all of the information you have provided to ApartmentGurus.com, whether online or otherwise, is accurate and complete. You further agree to periodically update the information you have provided to ApartmentGurus.com upon written request by ApartmentGurus.com or upon unilateral volition. Lessors shall be responsible for preparing and submitting the Property advertisements (including all classified advertisements, sublets advertisements, & roommates advertisements), and shall be solely liable for assuring that such advertisements are accurate, and comply with all applicable state and federal laws and our Advertising Policy. In addition, Lessors shall not:
- Ask a User to wire funds, including but not limited to the use of Western Union or MoneyGram;
- Require a User to pay a nonrefundable lease application fee unless the Lessor has an actual or imminent vacancy;
- Advertise on ApartmentGurus.com any Property (excluding sublets & roommate ads) for which the lease term will be less than 31 days.
Any violation of these terms or any other unacceptable payment methods that may be posted on the Website from time to time may result in the immediate removal of the non-conforming advertisement from the Website without notice to member and without refund.
Use of the Website at Your Own Risk
Your access to and use of the Website is at your own risk. We 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 Website.
Your License and Copyright Grant to Us.
You agree that we may reproduce in whole or in part any media material supplied by you in the promotion of either your advertisement of your property or the promotion of the Website. It is your responsibility to obtain reproduction permission for all media, including photographic, video, and other material used in your advertisements. You warrant that you are the owner of the copyright in such material or authorized by the owner thereof to grant to us the rights therein contained.
When you give us or otherwise authorize us to use your content, you grant us a nonexclusive, worldwide, perpetual, unrestricted, irrevocable, royalty-free, sublicensable (through multiple tiers) fully paid license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit any content you post on the Website or the websites of our affiliates, and you grant the Website and its holding company, Apartmentgurus.com, the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We require these rights to host and display your listing on the Website. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any user and each user will indemnify and hold harmless the Website and ApartmentGurus.com, its parents, partners, affiliates, or subsidiaries, or any of their respective members, directors, employees, agents, vendors, independent contractors, or suppliers and any member of Apartment Gurus, LLC against any action brought for breach of copyright or other rights from the use of such content supplied by such user. Each user hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such user.
Our License to You. ApartmentGurus.com hereby authorizes you to view, copy, and print the information and data (“Materials”) available on this Website, provided that: (1) if you are a User, the Materials are used solely for personal, noncommercial purposes, and (2) if you are a Lessor, the Materials are used only for the purposes of using the services expressly offered by ApartmentGurus.com.
Without limitation, as a User, you are only permitted to use this Website to search for rentals, including classifieds for roommates and sublets, communicate with Lessors, and consider other move-related services which may advertise on the Website or provided for your use or information on the Website. As a Lessor, you are only permitted to use this Website: (1) to advertise your Properties and communicate with Users; (2) you do not modify, republish, redistribute, or otherwise remove the Materials from the Website; and (3) display all copyright, trademark, service mark and other proprietary notices as they appear in any such Materials. Copying or storing of any content for other than for your personal and noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the classified advertisement inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print a copy of any portion of the Website. You may not modify the same, and you must reproduce our copyright notice. Except as expressly provided above, nothing contained herein shall be construed as conferring, by consent, implication, waiver, estoppel or otherwise, any license or right under any patent, trademark or copyright of ApartmentGurus.com.
Your Password. You agree to (1) keep your user id and password secure and strictly confidential, providing it only to authorized users of your account, (2) instruct each person to whom you give your user ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new user ID and password if you have belief that your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your user ID and password. When you give someone your user ID and password, you are authorizing that person to access and use your account, and you are responsible for any and all charges and transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER AND LESSOR ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE WEBSITE NOR ANY OF ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES WILL HAVE ANY LIABILITY TO ANY LESSOR OR USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY LESSOR OR USER’S PASSWORD THAT OCCURS BEFORE SUCH TIME LESSOR OR USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR USER ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE WEBSITE AND OTHER USERS OR LESSORS.
We may suspend or cancel your account at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.
No Unauthorized Duplication. Except as otherwise stated herein, none of the content or data displayed through the Website(s) or any derivative data or content on the Website may be modified, copied, aggregated, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, removed, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of ApartmentGurus.com.
Trademarks. The term “ApartmentGurus.com” and any other trademarks, trade names, logos and service marks, including ApartmentGurus.com, ApartmentGURUS.com, or ApartmentGURUS (collectively, the “Marks”) displayed on this Website are the property of ApartmentGurus.com or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of ApartmentGurus.com.
Access and Interference. This Website may contain robot exclusion headers. Much of the information on the Website is proprietary or is licensed to ApartmentGurus.com by our users or third parties. You agree that you will not use any data miner, robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Website without the prior expressed written permission of ApartmentGurus.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Transfer of Posting. No classified posting may be transferred to another party, except that if a user sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
Payment. Payment for listings must be made in U.S. Dollars paid online either by major credit or debit card, or an e-check drawn on a U.S. bank.
No Unlawful or Prohibited Use. As a condition of your use of this Website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices. In addition, you will not:
- Use the Website if you are not able to form legally binding contracts, are under the age of 18, mentally incapacitated, or are temporarily or indefinitely suspended from our Website;
- Use the Website to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to ApartmentGurus.com;
- Circumvent or manipulate the fields or html settings in place to display your advertisement in an unapproved format;
- Reproduce any portion of the Website on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
- Distribute or post spam, chain letters, or pyramid schemes;
- Provide any content which invades another’s privacy, is obscene, pornographic or offensive, promotes bigotry, racism, hatred or harm against any individual or group;
- Distribute viruses or any other technologies that may harm ApartmentGurus.com or the interests or property of ApartmentGurus.com users;
- Copy, modify, aggregate, republish or distribute content from the Website or ApartmentGurus.com’s copyrights and trademarks;
- Impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
- Provide inaccurate contact information or other information relative to your registered user account, apartment search, roommate search, sublet advertisement, roommate advertisement, classified advertisement, or any inaccurate information regarding any property or advertisement on the Website;
- Use any data mining, robots, spiders or similar data gathering and extraction tools to harvest, aggregate, or otherwise collect information, content, or date from the Website, information about ApartmentGurus.com or its visitors and users, including without limitation email addresses without consent;
- Use any hypertext links to, or addresses of, other web sites from advertiser’s pages. We reserve the right to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
- Offer ApartmentGurus.com Users concessions less favorable than those offered to non-ApartmentGurus.com Users;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Website;
- Reverse engineer any part of the Website;
- Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties;
- Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content, information, advertisements, or any portion of the Website;
- Use the Website other than to post classified advertisements and/or search or browse classified advertisements for rentals and roommates and to make legitimate inquiries to our Lessors or Users;
- Use the Website to make any false, illegitimate, fraudulent or speculative application or reservation, or any application or reservation in anticipation of your demand;
- Post or transmit any information or content that constitutes or contains false or misleading indications of origin or statements of fact;
- Use or access the Website in any way that, in our sole discretion, adversely affects the performance or function of the Website, or any other computer systems or networks used by us or the Website, or infringes on our copyright or any copyright of our visitors;
- Violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
- Upload or transmit to the Website or use any device, software or routine that contains viruses, Trojan horses, worms, or other computer programming methods that may damage, interfere, or attempt to interfere with, or intercept, the normal operation of the Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer system and equipment, or that infringes upon the rights of any third party; or
- Disguise the origin of any information or inquiry transmitted through the Website.
- Transmit to ApartmentGurus.com or any User any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
If we become aware of or receive a complaint from any person or entity regarding a user’s or lessor’s classified listing or rental practices that, in our sole discretion, warrants the immediate removal of such lessor’s or user’s allegedly offensive classified listing from the Website, we may immediately remove the allegedly offensive classified listing from the Website without notice to the user or lessor and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is with merit or valid, then we may permanently remove the offensive classified listing from the Website without notice to the user or lessor and without refund.
Reporting Intellectual Property or Copyright Infringement. ApartmentGurus.com respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please write to notify our designated agent below. We reserve the right to remove any content for any reason.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for claims of copyright or other intellectual property infringement at: email@example.com or VRBO.com, Inc. 448 W. 19th Street, Suite 371. Houston. Texas 77008. Please include the following in your notice: (a) identify with specific detail the material on the Website that you claim is infringing; (b) 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; (c) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature.
We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Links to Third-Party Websites. The Website may contain links to websites operated by third parties other than ApartmentGurus.com. Such hyperlinks are provided for information purposes only. ApartmentGurus.com does not control such websites and is not responsible for any content contained therein. ApartmentGurus.com’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) BREACH OF FIDUCIARY DUTY, (4) STRICT LIABILITY, (5) TORT, (6) NEGLIGENCE, (7) CONVERSION, (8) OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE WEBSITE WITH RESPECT TO THESE TERMS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE Apartmentgurus Parties, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $150.00 IN THE AGGREGATE.
YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THE WEBSITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE WEBSITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
Release. Because ApartmentGurus.com is a dynamic data driven platform which provides a venue for Lessors and Users in the rental, sublet, and roommate market, in the event that you have a dispute with one or more Users or Lessors regarding any use of this Website (including any transaction between any users or regarding User Contributed Content as defined below), you agree to release ApartmentGurus.com, its parents, partners, subsidiaries, and affiliates (and its respective officers, members, independent contractors, agents, subsidiaries, joint ventures and employees) from claims, complaints, demands, causes of action, proceedings, liabilities, obligations legal fees, costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Modification of the Website. ApartmentGurus.com and any content providers which advertise on the Website reserve the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. ApartmentGurus.com may delete, discontinue, or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, ApartmentGurus.com reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new Users, or 30 days after they are posted on the website for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
Nature of ApartmentGurus.com Services. ApartmentGurus.com operates a dynamic data platform for Lessors & Users desiring to advertise or lease residential rental properties, sublets, and find roommates, and the advertisements on the Website are based on information provided by the Lessors & Users. Accordingly, ApartmentGurus.com is not responsible in any way for the content in any such advertisements, nor is ApartmentGurus.com responsible for any damages resulting from any actual lease transaction between a potential Leasee/Tenant and a Lessor/Landlord. ApartmentGurus.com is licensed as a real estate broker in certain U.S. states; however, ApartmentGurus.com does not render legal, brokerage, or other professional advice or services to either its User or Lessor customers.
All classified advertisements and property listings on the Website are submitted by the Lessors or by other third parties and we specifically disclaim any and all liability arising from the alleged accuracy of the listings and information contained therein, property reviews, guest book entries, or any alleged breaches of contract on a User’s or Lessor’s part. Users and Lessors are solely responsible for keeping their posted information current through their user accounts on the Website, including, but not limited to any and all representations about any posted classified advertisement or property, its amenities & features, pricing, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing, or availability information published on the Website is accurate or current even in the instance where visitors have searched for specific special incentives, offers, dates, or types of rental properties or classifieds. Users and Lessors are solely responsible for ensuring the accuracy of any descriptions in their classified advertisements. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.
Services Not Provided. Without limiting the generality of the foregoing, you acknowledge and agree as follows:
ApartmentGurus.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on ApartmentGurus.com an obligation to perform any services other than those expressly undertaken by ApartmentGurus.com’s licensed real estate agents in select markets in which ApartmentGurs.com has been issued a broker’s license;
While ApartmentGurus.com has broker licenses in certain states, ApartmentGurus.com does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, ApartmentGurus.com strongly advises you to secure the same on your own;
ApartmentGurus.com is not undertaking any, and has no, duties to either Users or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Users;
ApartmentGurus.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
ApartmentGurus.com does not guarantee the accuracy of any information available on this Website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Users or otherwise and all information obtained on this Website must be verified independently;
ApartmentGurus.com may make changes to its products and/or services and this Website at any time and without notifying you or receiving your consent; and
While ApartmentGurus.com complies with applicable state and federal laws, including federal civil rights laws, ApartmentGurus.com cannot guarantee that its users so comply. Accordingly, ApartmentGurus.com assumes no liability for Users’ and/or Lessors’ failures to comply with such laws.
Content Layout and Copy. We reserve the right to determine in our sole discretion the final design, layout and functionality of our Site, which is subject to change from time to time without notice. We further reserve the right, in our sole discretion, to review and edit copy or amend the content, layouts or images supplied by any member including resizing images. All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. Notwithstanding our right to edit and amend the content, copy and images, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or images or any change made to any content, images or copy submitted by any user or edited or amended by us.
Default and Remedies. Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees or lease commissions when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from the ApartmentGurus.com Website; (2) we can terminate this Agreement; (3) we can ban your future use of the ApartmentGurus.com Website; (4) we can impose interest on your past due amounts equal to the lower of 5.0% per month or the highest rate permitted by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of the Website on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
RESOLUTION OF DISPUTES SECTION
Resolution of Disputes. If a dispute arises between you and ApartmentGurus.com, we aim to provide you with a neutral and cost effective means of resolving the dispute efficiently and effectively. Accordingly, you and ApartmentGurus.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. We strongly encourage you to first contact us directly to seek a resolution by calling 866.933.GURU (4878), Monday-Friday, 9 a.m. to 5 p.m. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of TEXAS as they apply to agreements entered into and to be performed entirely within TEXAS between TEXAS residents, without regard to conflict of law provisions. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF TEXAS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN HARRIS COUNTY, TEXAS WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. You agree that any Claim or dispute you may have against ApartmentGurus.com must be resolved by a court located in HARRIS County, TEXAS, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within HARRIS County, TEXAS, for the purpose of litigating all such Claims or disputes.
Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims. All Claims against ApartmentGurus.com must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, ApartmentGurus.com may recover attorneys’ fees and costs up to $10,000, provided that ApartmentGurus.com has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Patents. Some technologies, components, or processes of this Website along with the features and services accessible via the Website may be covered by our patents pending.
Notices. Except as explicitly stated otherwise, legal notices shall be served on ApartmentGurus.com’s registered agent in Texas or to the email address you provide to ApartmentGurus.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, if you are a Lessor, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Except as explicitly stated otherwise, any other non-legal notices shall be given (in the case of you contacting us) by email to firstname.lastname@example.org or by postal mail to:
Apartment Gurus, LLC
448 W. 19th Street, Suite 371
Houston, Texas 77008
Last updated: May 30, 2011