1. INTRODUCTION AND AGREEMENT
Thank you for visiting Apartment Capital, LLC (“ApartmentCapital.com”) (the “Site”) (“Us” or “We”). The Site includes any version optimized or configured for use by mobile computing devices such as smartphones and tablets, as well as mobile applications and any other websites owned or operated by us. These Terms and Conditions of Use (“Terms and Conditions”) govern access to and use of the Site and the services or products provided by Apartment Capital, LLC (“ApartmentCapital.com”) as made available on the Site or otherwise (“Services”).
By accessing and using this Site, you acknowledge you have read, understood and agree to be bound to the conditions of these Terms and Conditions. You also agree to comply with applicable laws and regulations.
BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND EXPRESSLY CONSENT TO APARTMENTCAPITAL.COM PRIVACY NOTICE AND PRIVACY NOTICE FOR CALIFORNIA RESIDENTS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITE OR USE ANY PRODUCTS.
2. HOW WE USE YOUR INFORMATION
We may collect both “non-personal” and “personal” information from you when you interact with our Site and Services.
“Non-Personal Information” refers to information that may not by itself be reasonably associated with, linked to, or used to individually identify you or someone else. For example, general, non-specific information regarding your use of the Site and Services or derived from the information that you provide to us through the Site and Services.
“Personal Information” refers to information that may be reasonably associated with, linked to, or used to individually identify you or allow you to be personally identified or contacted. For example, Personal Information may include information such as your name, email address, telephone number, address, either alone or in combination with other information.
We may use the Non-Personal Information we collect and obtain for any lawful business purpose without any duty or obligation of accounting or otherwise to you, provided that the information remains Non-Personal Information. This may include, by way of example, developing products, services, and other offerings based on the Non-Personal Information and providing those offerings to other users and third parties. We may use the Personal Information we collect about you for a variety of purposes outlined in ApartmentCapital.com’s Privacy Policy. Please note that, in most cases, the primary purposes for processing Personal Information are for the submission and transmittal of lead data and for powering targeted advertising and user experiences. Notably, Personal Information may also be used for additional, secondary purposes, which are provided in ApartmentCapital.com’s Privacy Policy.
Depending on where you reside, you may have the rights to access, correct, or delete your Personal Information, as well as opt out of the sale of your Personal Information and the processing of your Personal Information for targeted advertising. For more information about how ApartmentCapital.com collects and processes Personal Information and how you may exercise these rights, please access the full Privacy Notice here.
3. SITE PROVISIONS AND SERVICES
ApartmentCapital.com operates the Site as an online advertising and research service for tire buyers and auto service.
Advertisers on ApartmentCapital.com may include information about special offers, incentives, or pricing programs associated with a specific brand, model, or vehicle (“Offers”). ApartmentCapital.com is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. You should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability.
By accessing the Site and Services, you agree that ApartmentCapital.com is not responsible for any third party products and services information, whether such materials are accessed directly by you or used by ApartmentCapital.com in providing the Services, including whether third party products and services information is accurate or whether the third party products and services information is suitable for your use or use in connection with the Services. You agree that ApartmentCapital.com is not responsible for whether third party products and services information accessed by you is available for your use and for the performance or operation of any third party website.
4. ACCESS AND USE
Access to the Site or to portions thereof, or access to Services, may be occasionally interrupted to perform changes or necessary maintenance; or for certain types of “force majeure” events (e.g., “acts of God”, weather calamities, riots, wars, internet connectivity issues, etc.) beyond the reasonable control of ApartmentCapital.com for which ApartmentCapital.com shall have no liability.
By accessing this Site, you agree that you will not use any automated mechanism, which may include but is not limited to such mechanisms as web robots, crawlers or spiders to access, query or otherwise collect information or scrape data from the Site, and will not use any device or routine that would interfere with the proper working of the Site. Unless otherwise permitted by ApartmentCapital.com, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Service in any other manner or for any other purpose constitutes an infringement of ApartmentCapital.com’s intellectual property and other proprietary rights. Use of the Site or any portion thereof on any other website is expressly prohibited without prior written permission from ApartmentCapital.com. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content (defined below).
5. USER MATERIALS
A. USER MATERIALS
By submitting ads, content, photos, data or other materials (“Materials”) to the Site, you hereby grant to ApartmentCapital.com and its affiliates and subsidiaries a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to ApartmentCapital.com and its affiliates and subsidiaries a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials. You hereby waive your “moral rights” in your Submissions, to the extent such rights can be waived, under any existing or future law of any jurisdiction. You represent and warrant that: (a) you own or otherwise control all of the rights to the Materials that you post and/or submit; (b) the Materials are true and accurate; (c) the use of the Materials you post and/or submit does not violate these Terms and Conditions; and (d) the Materials will not cause injury to any person or entity. ApartmentCapital.com takes no responsibility and assumes no liability for any Materials posted by you or any third party.
B. INTERACTIVE FORUMS
This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, “Forums”). You must be 18 years of age and older to access and use the Forums. ApartmentCapital.com and its affiliates and subsidiaries do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. By posting a message in the Forum, you agree to abide by these Terms and Conditions. You may not use the Site’s Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability. You hereby waive your “moral rights” in any submissions to the Forums, to the extent such rights can be waived, under any existing or future law of any jurisdiction. You represent and warrant that: (a) you own or otherwise control all of the rights to the Forums that you post and/or submit; (b) the information in the Forums are true and accurate; (c) the use of the Forums you post and/or submit to does not violate these Terms and Conditions; and (d) the information contained in the Forums will not cause injury to any person or entity. ApartmentCapital.com takes no responsibility and assumes no liability for any Forums posted by you or any third party.
C. LISTING SERVICES
By utilizing either the Instant Offer services or private sale service on the Site (“Listing Services”), you acknowledge and agree to these Terms and Conditions and to the Sell Terms of Service.
D. APARTMENTCAPITAL.COM RIGHTS
ApartmentCapital.com does not monitor the Materials, Forums or Listing Service (collectively, “Content”) posted or transmitted by you and/or other third-party information providers. ApartmentCapital.com reserves the right, in its sole discretion, to review, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason or no reason. By using the Site, you expressly agree that ApartmentCapital.com (a) will not be liable to any claims, actions or judgments arising out of or related to any Content and (b) may monitor, refuse to publish, remove, delete, move or edit any Content without notice at any time for any reason, without liability and without providing a refund.
6. TRADEMARKS AND INTELLECTUAL PROPERTY
You acknowledge that the Site includes certain trademarks and service marks owned by ApartmentCapital.com and its affiliates and subsidiaries. You agree not to use any trademarks, service marks, names, logos, or other identifiers of ApartmentCapital.com or its employees, affiliates, subsidiaries, independent contractors, and providers without the prior written permission of ApartmentCapital.com, or: (i) in, as, or as part of, any third parties; (ii) to identify non-ApartmentCapital.com products or services; or (iii) in a manner likely to cause confusion or that implies that ApartmentCapital.com sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties. You further agree that you will not alter or remove any trademark, logos, copyright or other notice from any copies of the Content. Other marks appearing on the Site are the property of their respective owners. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to legal@ApartmentCapital.com or mailed to ApartmentCapital.com 591 S Lapeer Rd, Lake Orion, MI 48362.
Please note that all software programming, including without limitation all HTML and other code contained in the Site (collectively, “Software”), is owned by ApartmentCapital.com and its affiliates and subsidiaries and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
7. COPYRIGHT AND COPYRIGHT AGENTS
It is the policy of ApartmentCapital.com to respond to claims of intellectual property infringement. ApartmentCapital.com will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
ApartmentCapital.com
Contact
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party 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, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. REPRESENTATION
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Content to the Site, (b) the Content posted or submitted does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Content does not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold ApartmentCapital.com, its affiliates and subsidiaries, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms and Conditions or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
9. WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. APARTMENTCAPITAL.COM, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND APARTMENTCAPITAL.COM, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. APARTMENTCAPITAL.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. APARTMENTCAPITAL.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. APARTMENTCAPITAL.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT YOURSELF TERMS AND CONDITIONS, APARTMENTCAPITAL.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
10. LIMITATION OF LIABILITY
APARTMENTCAPITAL.COM, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE CONTENT, THESE TERMS AND CONDITIONS, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF APARTMENTCAPITAL.COM, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
11. THIRD PARTY SERVICE PROVIDERS
Some aspects of the Service may be dependent upon third party service providers, such as a wireless carrier or social media platform. We do not control such third-party service providers and are not responsible or liable for their acts or omissions. In addition, such third-party service provider may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Service through such third-party service provider.
Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile applications available for download (“Platform Providers”) are not parties to these Terms of Use. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the mobile applications. In the event of any failure of a mobile application to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the mobile application (if applicable). To the fullest extent permitted by law, Platform Providers will have no other warranty obligation whatsoever with respect to a mobile application.
How to opt-in to our SMS Service:
When you opt-in to the SMS and MMS service (collectively the “SMS Service”), we will send you a message to confirm your signup. Message and data rates may apply. Message frequency will vary based on your use. Text ‘HELP’ for help. Text ‘STOP’ to cancel.
By responding to a text message to your mobile phone, you affirm your choice to opt-in to this SMS Service and your agreement to these Terms and Conditions. ApartmentCapital.com reserves the right to stop offering the SMS Service at any time with or without notice.
By opting into the SMS Service, you:
authorize ApartmentCapital.com to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in);
acknowledge that you do not have to agree to receive messages as a condition of purchase;
confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in; and consent to the use of an electronic record to document your opt-in.
Messages You May Receive
Once you affirm your choice to opt-in to the SMS Service, your message frequency may vary. You may receive an alert when:
you are welcomed into the SMS Service
an order has been placed
an order has been delivered
general marketing or promotion
Opt-Out of Service
You can cancel the SMS Service at any time. Just text “STOP”. After you send the message “STOP” to ApartmentCapital.com, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that ApartmentCapital.com and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from ApartmentCapital.com through any other programs you have joined until you separately unsubscribe from those programs. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the SMS Service.
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service. ApartmentCapital.com may add or remove any wireless carrier from the SMS Service at any time without notice. ApartmentCapital.com and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify ApartmentCapital.com by emailing info@ApartmentCapital.com
12. INDEMNIFICATION
By using the Site, you agree to indemnify, defend and hold ApartmentCapital.com, and its officers, subsidiaries, licensors, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties, judgements, costs and expenses (including reasonable attorneys’ fees), made or initiated by any third party due to or arising out of your use of the Site, your violation of these Terms and Conditions, your violation of any rights of another, or any of your Content or your use of any Content. You agree to notify ApartmentCapital.com within seven (7) days of the filing of any Claims, and ApartmentCapital.com reserves, and you grant to ApartmentCapital.com, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of these Terms and Conditions. You are responsible for maintaining the security of your password and you are responsible for all statements or reviews made and acts that occur through the use of your account.
13. SECURITY
ApartmentCapital.com does not guarantee or warrant that the Site, Services, or any Content thereon will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can ApartmentCapital.com provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other information or Content unauthorized persons may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches. Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. ApartmentCapital.com will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to ApartmentCapital.com through the Internet, or that you expressly or implicitly authorize ApartmentCapital.com to make, or for any errors, data corruption or any changes made to any transmitted information.
14. TERMINATION OF SERVICE
You understand and agree that in ApartmentCapital.com’s sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended, and ApartmentCapital.com may exercise any other remedy available and remove any Content if ApartmentCapital.com believes that your use of the Site and/or any Content you provide (a) violate (i) these Terms and Conditions, (ii) the rights of ApartmentCapital.com, its affiliates and subsidiaries, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to ApartmentCapital.com for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such violations without the requirement that ApartmentCapital.com post a bond. ApartmentCapital.com is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in ApartmentCapital.com’s sole discretion, you have violated these Terms and Conditions.
15. COMPLIANCE WITH LAWS
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of Content and Services, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall ApartmentCapital.com or its affiliates and subsidiaries, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, Services, and/or Content, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site, Services, and/Content. Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.
16. PROHIBITED ACTIVITIES
The following is a partial list, in addition to other prohibited actions in these Terms and Conditions, of the kinds of activities that are prohibited on or through the Site: (a) submitting Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Content that could be harmful to minors; (c) engaging in activity or submitting Content that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to ApartmentCapital.com users or others; (e) engaging in activity or submitting Content, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Content that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Content that displays pornographic or sexually explicit material of any kind; (h) submitting Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Content that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to ApartmentCapital.com advertisers; (l) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or (m) taking any action that imposes an unreasonable or disproportionately large load on ApartmentCapital.com’s hardware and software infrastructure (collectively, “Prohibited Activities”).
17. PRIVACY NOTICE
Your use of the Site and Services may involve the transmission of your personal information. ApartmentCapital.com’s notices regarding the collection and use of personal information are governed by the ApartmentCapital.com’s Privacy Notice and Privacy Notice for California Residents , both of which are hereby incorporated by reference in their entirety.
18. INTERNATIONAL USERS AND EXPORT CONTROL LAWS
This Site is intended only for users in the United States of America and Canada. ApartmentCapital.com makes no representation that the Site, or the Services available through it, are appropriate or available for use at other locations outside the United States of America or Canada, and access to the Site from territories where the Site or the Service are illegal is prohibited. The export and re-export of software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to certain designated countries, or any country to which the United States embargoes goods. In addition, ApartmentCapital.com software may not be distributed to certain designated persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. If you use or access the Site or the Services outside of the United States of America or Canada, it is your responsibility to ensure that your use complies with all applicable laws, rules, and regulations and, without limiting the generality of your obligations under the indemnity provisions these Terms and Conditions, you agree to indemnify, defend and hold the Indemnified Parties harmless from any Claim brought or asserted against any of the Indemnified Parties arising out of your use or access of any of the Sites or Services outside of the United States of America and Canada.
19. GOVERNING LAW; JURISDICTION
These Terms and Conditions, any transactions consummated thereunder, and any other disputes related in any way to your access to and use of this Site and/or its Services shall be governed by and construed under the laws of the United States and of the State of Michigan, without regard to conflicts of law principles or rules thereof. Any legal action arising out of or related to these Terms and Conditions or your access to and use of this Site and/or its Services must be commenced within one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT APARTMENTCAPITAL.COM AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. ApartmentCapital.com and you each agree to use best efforts to settle any dispute or claim arising out of, or relating to, these Terms and Conditions or your access to and use of this Site and/or its Services. If ApartmentCapital.com and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, ApartmentCapital.com and you shall submit the dispute to binding arbitration to take place in the State of Michigan, as set forth in Section 21, below. To the degree the arbitration provision is deemed unenforceable, or if any action is otherwise allowed to be maintained in a court of competent jurisdiction, you agree that such action must be commenced in a State or Federal Court within the State of Michigan.
20. CLASS ACTION
APARTMENTCAPITAL.COM AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR YOUR ACCESS TO AND USE OF THE SITE AND/OR ITS CONTENT OR SERVICE MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. APARTMENTCAPITAL.COM AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME CLAIM UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, APARTMENTCAPITAL.COM AND YOU AGREE THAT NEITHER YOUR NOR APARTMENTCAPITAL.COM MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, AS A PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.
21. ARBITRATION
ApartmentCapital.com and you agree that this Section 21 shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq. ApartmentCapital.com and you agree that any and all Claims shall be submitted to final and binding Arbitration, to take place within the State of Michigan,before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) (“AAA Rules”). Judgment may be entered on the arbitration award by a court of competent jurisdiction within the State of Michigan. You agree that Claims submitted to arbitration shall be decided in a single arbitration before a single arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. The arbitrator shall have the authority to award the same damages, including reasonable attorney’s fees, and all other relief that a court can award. You acknowledge and agree that you voluntarily and knowingly entered into these Terms and Conditions and chose to use the Site and the Services offered by it rather than companies that offer similar services and who may not have an arbitration agreement.
22. CHANGES TO THESE TERMS AND CONDITIONS
ApartmentCapital.com reserves the right to update and periodically amend these Terms and Conditions at its discretion and at any time. If ApartmentCapital.com makes changes to these Terms and Conditions, amendments will be posted online and the date of update will be included. Your continued use of the Site after any such update indicates your agreement to the same. If you do not agree to the modified terms for the Site or Services, you must discontinue your use of the Site and Services. ApartmentCapital.com may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability.
23. THIRD PARTY LINKS
This Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by ApartmentCapital.com. You agree that ApartmentCapital.com is not responsible or liable for the content, policies or practices of any third-party websites or for any non- ApartmentCapital.com products or services. ApartmentCapital.com does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. ApartmentCapital.com disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. ApartmentCapital.com also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against ApartmentCapital.com arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that ApartmentCapital.com is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ApartmentCapital.com or any of its affiliates and subsidiaries.
24. MISCELLANEOUS
These Terms and Conditions supersedes all prior and contemporaneous agreements and understandings between you and ApartmentCapital.com relating to the Site and the Services, other than any additional terms applicable to a particular Service. You may not transfer your rights or obligations under these Terms and Conditions without the prior written consent of ApartmentCapital.com. ApartmentCapital.com may freely do so, in whole or in part. These Terms and Conditions will be binding upon the successors and permitted assigns of you and ApartmentCapital.com. These Terms and Conditions do not create any third party beneficiary rights. ApartmentCapital.com’s failure or delay in exercising any right, power or privilege under these Terms and Conditions will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms and Conditions. You and ApartmentCapital.com are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
25. CONTACT INFORMATION
By providing your email address, you agree that ApartmentCapital.com may send emails to you related to the Site and/or the Services and any account you may have. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the messages. ApartmentCapital.com may send any legal notices to you via email, notification by a message to your account, and/or regular mail.
If you have any questions or comments about these Terms and Conditions, please contact ApartmentCapital.com at:
https://ApartmentCapital.com/contact/
Effective Date: August 29, 2024