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  • Privacy Policy

  • Table of Contents

    1. Membership and Subscription
    2. Content Guidelines/Prohibited Use
    3. Links to Third-Party Sites
    4. Disclaimer and Limitation of Liability
    5. Privacy and Communications to the Sites
    6. Profile Sharing Opt-Out
    7. Representations and Warranties
    8. Termination
    9. Governing Law, Jurisdiction, and Dispute Resolution
    10. Changes to the Services and the Site
    11. Modifications to the Terms Of Use
    12. Unlawful Contact
    13. Miscellaneous

    About Our Site:
    Cloud9 Group and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designates (collectively and individually "Cloud9 Group" ) provide you access to the ApartmentSource.com web site (the "Site" ) subject to the terms and conditions of use set forth below (the "Terms of Use" ). ApartmentSource offers certain services via the Site, including, without limitation, roommate matching services (the "Services" ). You agree to read the Terms of Use carefully before using the Site or the Services. By using the Site and the Services, you agree to abide by the Terms of Use, as follows:

    1. MEMBERSHIP & SUBSCRIPTION

    1. Pricing.
    You may become a Member of ApartmentSource at no cost. For purposes of this Agreement the term “Member or Membership” includes all paying Subscribers, unless where its usage indicates otherwise. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access all features and services, you must become a paying Subscriber to the service. Please see Subscribe for a description of the current subscription plans and their prices.

    2. Term.
    This Agreement will remain in full force and effect while you use the website ApartmentSource.com and/or are a Member. You may terminate your Membership and/or Subscription at any time, for any reason, by following the instructions on the Cancel Billing link on the Edit Your Profile page. If you terminate your Subscription, your Membership will remain active until the end of your Subscription term.

    ApartmentSource.com may terminate your Membership and/or Subscription by sending notice to you at the email address you provide. If ApartmentSource.com terminates your Membership or Subscription in the Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of ApartmentSource.com. ApartmentSource.com is not required to provide you notice prior to terminating your Membership and/or Subscription. ApartmentSource.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your Membership or Subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. From time to time, ApartmentSource.com may remove the profiles of non-subscribers.

    3. Charges on Your Billing Account.
    ApartmentSource.com bills you through an online account for use of the service. You agree to pay ApartmentSource.com all charges at the prices then in effect for any use of the service by you or other persons (including your agents), and you authorize ApartmentSource.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. ApartmentSource.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

    One Day Trial. If you have Subscribed to a One Day Trial, your Membership will be automatically upgraded to a full Platinum Membership (please see Subscribe for a description of the current Subscription plans) unless you cancel your upgrade within twenty-four (24) hours of Subscribing to the One Day Trial. To cancel the upgrade and avoid being charged a full Platinum Membership Subscription fee, please refer to Cancel Billing.

    Continuous Service/Recurring Membership Fees. Upon Subscribing, you have the option of selecting a Membership plan that consists of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. ApartmentSource.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY ApartmentSource.COM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE ApartmentSource.COM REASONABLY COULD ACT. To cancel your recurring Membership, please refer to Cancel Billing. Recurring Membership rates apply to credit/debit card payments and Electronic Fund Transfer payments. All amounts are billed in U.S. dollars at the beginning of each renewal period and will appear on your credit card statement as ApartmentSource.com or Cloud9 Group.

    Cancel Billing. To cancel the upgrade of your One Day Trial to full Platinum Membership (please see Subscribe for a description of the current Subscription plans) or to cancel your recurring Membership at any time, please go to Edit Your Profile and select Cancel Billing. If you cancel your upgrade or renewal, you will still enjoy all your Membership benefits until the end of your paid term; your trial will not be upgraded or your Membership will not be renewed after your term expires. Please remember that by canceling your upgrade or renewal, you will not be eligible for any refund of fees you have already paid for your current trial or Membership.

    Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY ApartmentSource.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON EDIT YOUR PROFILE PAGE. IF YOU FAIL TO PROVIDE ApartmentSource.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT ApartmentSource.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY ApartmentSource.COM).

    Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If ApartmentSource.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

    Change in Amount Authorized. If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and ApartmentSource.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your payment method provider will govern your use of your payment method. You agree that ApartmentSource.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

    Reaffirmation of Authorization. Your non-termination or continued use of the service reaffirms that ApartmentSource.com is authorized to charge your payment method. ApartmentSource.com may submit those charges for payment and you will be responsible for such charges. This does not waive ApartmentSource.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially Subscribed to the service.

    2. CONTENT GUIDELINES/PROHIBITED USE

    ApartmentSource.com web sites include a number of communication facilities designed to enable you to share your thoughts and opinions with other members of the public your publicly posted information. Since ApartmentSource.com firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, ApartmentSource.com cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on any of the ApartmentSource.com web sites.

    You promise that you will not use the ApartmentSource.com web sites to:

    - post, upload or otherwise transmit any content not related to appropriate subject matters;

    - post, upload or otherwise transmit any content which is misleading to others, including consumers;

    - post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    - violates the privacy of individuals, including other users of the sites;

    - post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;

    - is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;

    - contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

    - infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;

    - advocates or encourages any illegal activity; or

    - intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

    Cloud9 Group in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the sites without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason. Cloud9 Group may take any action with respect to the Material if Cloud9 Group believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause Cloud9 Group to lose (in whole or in part) the services of its ISPs, vendors or advertisers.

    By posting content to the ApartmentSource.com Web Sites, you grant ApartmentSource.com a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through web sites controlled by ApartmentSource.com, including but not limited to the ApartmentSource.com Web Sites, and co-branded or mirrored versions of such sites, and in ApartmentSource.com 's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.

    You acknowledge that while ApartmentSource.com does not pre-screen content posted by you to the ApartmentSource.com web sites, ApartmentSource.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the ApartmentSource.com web sites. Without limiting the foregoing, ApartmentSource.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the ApartmentSource.com web sites at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the ApartmentSource.com Web Sites, including any reliance on the accuracy, completeness, or usefulness of such content.

    Other Restrictions on Use. You shall comply with all laws and regulations applicable to your use of the Services, the Sites, and the Material. You are not permitted to use Cloud9 Group's name, URL, trademarks or other material in any manner, including, without limitation, in connection with "spam" email messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has the meaning generally understood among Internet users, and includes without limitation unsolicited electronic mail advertisements. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on Cloud9 Group's infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from ApartmentSource or any of its business affiliates.

    A $20,000 advertising surcharge will be billed to any individual or roommate service provider; including but not limited to employees, affiliates, consultants or partners of roommate service providers that subscribes to, lists or references a competing roommate service provider in their profile on ApartmentSource.com or any of its affiliates without prior written approval from ApartmentSource.com.

    ApartmentSource.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

    By posting, uploading, inputting, providing or submitting content to the ApartmentSource.com web sites, you warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content.

    3. LINKS TO THIRD PARTY SITES

    Any third-party sites to which the Sites may link are not under Cloud9 Group's control, and Cloud9 Group does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Cloud9 Group does not intend links contained on the Sites to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

    4. DISCLAIMER & LIMITATION OF LIABILITY

    THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITES (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLOUD9 GROUP MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITES OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. CLOUD9 GROUP MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITES, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. CLOUD9 GROUP DOES NOT SCREEN OR ENDORSE ANY ROOMMATES WHO LIST ON THE SITES, AND MAKES NO REPRESENTATIONS AS TO INDIVIDUAL CHARACTER, CREDIT WORTHINESS, RENTAL HISTORY OR ABILITY TO PAY RENT, OR CONTENT OF LISTINGS POSTED ON THE SITES BY INDIVIDUALS SEEKING ROOMMATES. NO ONE IS UNDER ANY OBLIGATION TO USE THIS SERVICE AS A ROOMMATE, AND CLOUD9 GROUP CANNOT BE HELD RESPONSIBLE FOR ANY EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES. IT IS EACH USER'S RESPONSIBILITY TO DETERMINE THE CHARACTER AND ACCEPTABILITY OF ANY PROSPECTIVE ROOMMATE, OFFICE MATE OR TENANT. CLOUD9 GROUP IS NOT AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING OUT OF CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES. ALL INFORMATION IS SUBMITTED VOLUNTARILY AND THIS INFORMATION WILL BE MADE AVAILABLE TO THE PUBLIC. ALL RISKS FOR MAKING THIS INFORMATION AVAILABLE WILL BE BORNE BY YOU, THE USER. IF A DISPUTE SHOULD ARISE BETWEEN YOURSELF AND ANOTHER USER YOU RELEASE CLOUD9 GROUP FROM ANY CLAIMS OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING FROM SUCH A DISPUTE. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 5, CLOUD9 GROUP SHALL HAVE NO LIABILITY FOR:

    -any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Sites or the Services;

    -any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;

    -any decision made or action taken or not taken in reliance upon the Information furnished hereunder;

    -any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by you of the Internet generally;

    -any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Sites, even if Cloud9 Group has been advised of the possibility of such damages; or

    -any lost profits or special, incidental or consequential damages (no matter how they might arise, including from Cloud9 Group's negligence) arising out of or in connection with the Information, the Services, the Sites or the Terms of Use.

    Notwithstanding any provision of these Terms of Use to the contrary, Cloud9 Group's total liability to you is limited to $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also may have other legal rights which vary from state to state.

    5. PRIVACY & COMMUNICATION TO THE SITES

    Any communication, information or other material you transmit or post to the Sites, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to Cloud9 Group a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. Cloud9 Group's use of personally identifiable information, as well as Cloud9 Group's use of cookies and other tracking methods, is governed by the terms of Cloud9 Group's Privacy Policy. By accepting the Terms of Use, you expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to Cloud9 Group's use of your information, as enumerated in Cloud9 Group's then-current privacy policy, which is incorporated herein by reference. Because Cloud9 Group's Privacy Policy may change from time to time, you should also review it regularly for updates.

    6. PROFILE SHARING OPT-OUT

    In an effort to bring you the largest roommate selection, ApartmentSource will share your profile with select roommate affiliates. Partner sites may post your ApartmentSource profile in order to further advertise your listing. No contact or billing information is ever shared.

    Yes, select affiliates may post this profile.

    7. REPRESENTATIONS & WARRANTIES

    You represent and warrant that:

    -you have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;

    -all factual assertions that you have made and will make to Cloud9 Group are true and complete; and

    -you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Use.

    8. TERMINATION

    Cloud9 Group reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, Cloud9 Group may terminate your use of the Services or access to the Sites immediately and without notice if: (a) you breach the Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) Cloud9 Group is unable to verify or authenticate any information you provide to it, or (d) any material uploaded or transmitted by you to the Sites violates any applicable laws or rights of any third party.

    9. GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION

    The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. You and Cloud9 Group agree that any and all disputes arising out of or related to the Terms of Use shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in New York County.

    10. CHANGES TO THE SERVICES & THE SITES

    Cloud9 Group reserves the right to change, suspend or discontinue any aspect of the services or the Sites at any time, including the availability of any features, databases or content. Cloud9 Group will attempt to provide reasonable notice of such changes to the Services or the Sites. Cloud9 Group may also impose limits on features or restrict access to parts of the Sites.

    11. MODIFICATIONS TO THE TERMS OF USE

    Cloud9 Group may amend these Terms of Use at any time by posting amended Terms of Use to the Sites. The amended Terms of Use shall be effective immediately upon posting to the Sites. Cloud9 Group therefore encourages you to review these Terms of Use frequently.

    12. UNLAWFUL CONTACT

    Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to Cloud9 Group's Designated Agent listed below.

    13. MISCELLANEOUS

    Your sole remedy for any breach of these Terms of Use by Cloud9 Group shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of Cloud9 Group, or any breach of these Terms of Use by Cloud9 Group. These Terms of Use constitute the entire understanding of you and Cloud9 Group with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and Cloud9 Group. The provisions of these Terms of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced

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