Arvig Media Agrees to give you access to its Apartment Leasing Guide Website (“ApartmentLeasingGuide.com”). By using ApartmentLeasingGuide.com or submitting communications of User Content to us, all information, products and Services on ApartmentLeasingGuide.com are subject to the binding legal terms set forth in this Agreement. You understand we may update these Terms from time to time without giving you any notice. Any new features or updated Services that we put on ApartmentLeasingGuide.com will be subject to these Terms. ApartmentLeasingGuide.com contains links to other Websites. Your use of such other Websites is subject to the Terms of Use, if any, contained within each such Websites. If there is any conflict between the Terms set forth in this Agreement and any Terms or notices set forth on any other Website, then the terms of other Websites will control your use of that Website. Please review the Terms of Use for each Website. Arvig Media is not responsible for the cost of equipment needed to access the Services; your internet access, computer, modem and other devices. You are responsible for such costs. By using the Services, you Agree to each of the terms in this Agreement. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION in this Agreement, DO NOT USE THE SERVICES FOR ANY PURPOSE. ApartmentLeasingGuide.com: Equal Housing Opportunity All dwellings advertising on ApartmentLeasingGuide.com is subject to the Fair Housing Act, which makes it illegal to advertise any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination. Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women; and people securing custody of children under 18. Arvig Media will not knowingly accept any advertising for real estate which is in violation of the law. All guests to ApartmentLeasingGuide.com are hereby informed that all dwellings advertised in this ApartmentLeasingGuide.com are available on an equal opportunity basis. ApartmentLeasingGuide.com Services: Terms of Use If you violate any of the guidelines set forth in this Agreement, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your Service is terminated, you will immediately lose access to any information that may be on the system. We can also change these Terms at any time, and your continued use of the Services after any change we make will mean that you Agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE. You Agree to follow these Terms and all applicable laws; when using ApartmentLeasingGuide.com: 1. You will not harass, threaten or abuse other people when using ApartmentLeasingGuide.com in any manner; 2. You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature; 3. You will not collect or store personal information about any other individual on ApartmentLeasingGuide.com, for personal or commercial use, stalk, repeatedly contact or harass another guest; 4. You will not email any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party; 5. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Arvig Media; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another; 6. You will not manipulate the Services so as to hide your identity or participation in Services on ApartmentLeasingGuide.com (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier); 7. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation to any person through the use of the Services. You Agree not to; copy, display, distribute, download, license, modify, publish, reformat, transmit, create derivative works from, transfer or sell any information obtained from the Services. You may use the Services on ApartmentLeasingGuide.com for your personal use. You may make a single copy of individual screens, but only for your personal use, and not for further distribution of transfer to others. When you use ApartmentLeasingGuide.com you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Arvig Media. You understand that you have no rights to the Services or any other Arvig Media Property except as indicated in this Agreement. We attempt to make sure all of the information on ApartmentLeasingGuide.com, including but not limited to availability, rental rates, square footage, photos, floor plan images (and all other details) is accurate, by continuing to use ApartmentLeasingGuide.com, you acknowledge, understand and Agree that it may not be current, accurate, or complete and that Arvig Media and its suppliers, officers and employees do not warrant or guarantee such accuracy. You are solely responsible for independently verifying all information on ApartmentLeasingGuide.com. ApartmentLeasingGuide.com: Indemnity You understand that you are personally responsible for your behavior while on ApartmentLeasingGuide.com, and Agree to indemnify and hold Arvig Media and its affiliates and their officers and employees harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, or your access to ApartmentLeasingGuide.com, or your violation of either these Terms or the rights of any third party. ApartmentLeasingGuide.com: Your Manager Account ApartmentLeasingGuide.com assigns each member a unique Login and Password, where applicable, to protect their account information. If you become a member of ApartmentLeasingGuide.com, you are responsible for maintaining the confidentiality of your login and password and for restricting access to your computer, and you Agree to and accept sole responsibility for any and all activities that occur under your login and password. You Agree to notify us immediately of any unauthorized use of your login or password, or any other breach of security, of which you become aware. We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of ApartmentLeasingGuide.com, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet. ApartmentLeasingGuide.com: Disclaimer of Warranties You understand that Arvig Media is not responsible for your inability to access any information on ApartmentLeasingGuide.com for any reason, whether it be because of termination of your account; software, hardware, or internet problems or errors; or any other reason. You understand that your use of the Services (including any download from the Services and any loss of data or other damage to your computer system you experience from using the Services) is at your sole risk. You understand that the Services and all information, products and other content (including third party information, products and content) included in or accessible from ApartmentLeasingGuide.com, are provided on an “as is” “and “as available” basis, and are subject to change at any time without notice to you. You acknowledge that Arvig Media makes no warranty that the Services will be uninterrupted, timely, secure or error-free. You understand that Arvig Media does not warrant that the results obtained from your use of the Services will meet your expectations. No warranty of any kind, whether oral or written, can modify the terms of the disclaimer set forth in this Agreement. To the maximum extent permitted by law, Arvig Media disclaims all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights) as to the Services and all information, products and other content (including third party information, products and content) included in or accessible from ApartmentLeasingGuide.com. ApartmentLeasingGuide.com: Liability Disclaimer To the maximum extent permitted by applicable law, in no event will Arvig Media or its affiliates be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or Services, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of ApartmentLeasingGuide.com or the Services, even if Arvig Media has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. ApartmentLeasingGuide.com: Trademarks/Copyrights ApartmentLeasingGuide.com and Apartment Leasing Guide are trademarks of Arvig Media. Other trademarks are the property of Arvig Media or their respective owners. All content on ApartmentLeasingGuide.com is owned by Arvig Media and protected by applicable law, with all rights reserved. Arvig Media will terminate your access to, or use of, ApartmentLeasingGuide.com and/or the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. ApartmentLeasingGuide.com: Website MaintenanceArvig Media regularly performs ApartmentLeasingGuide.com maintenance, in order to ensure that you have the latest information and the best tools possible. You understand there may be delays and Service interruptions every now and then. ApartmentLeasingGuide.com: Updates: We reserve the right to make changes to our Terms and Conditions from time to time for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated. We have no duty or obligation to inform prior visitors that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review the Terms and Conditions so that you always will know what information we collect, how we use it and to whom we disclose it. Your continued use of ApartmentLeasingGuide.com after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. ApartmentLeasingGuide.com These Terms are the entire Agreement between you and Arvig Media. They supersede any and all prior or contemporaneous Agreements between you and Arvig Media relating to your use of ApartmentLeasingGuide.com or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any choice of law provisions. You Agree that, with the exception of injunctive relief sought by Arvig Media for any violation of Arvig Media’s proprietary or other rights, any and all disputes relating to these Terms, your use of ApartmentLeasingGuide.com or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA. The location of arbitration shall be Otter Tail County, MN, USA. You can direct any questions concerning these Terms to: Arvig Media 651-583-7581 ApartmentLeasingGuide.com: Notification of Claims of Infringement Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Arvig Media if they have a good-faith belief that their protected works are being infringed. Arvig Media will respond to all such notifications that are sent to: Arvig Media 651-583-7581 To be effective, the notification must be a written communication that includes: A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single WebApartmentLeasingGuide.com are covered by a single notification, a representative list of such works at that WebApartmentLeasingGuide.com; 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. Upon receipt of such notification, Arvig Media, LLC shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Arvig Media removes or disables access to such material, if such material was posted by a guest of ApartmentLeasingGuide.com, Arvig Media will notify the party that posted the material of its action. Such party may then provide Arvig Media’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which Arvig Media will forward to the alleged copyright owner. Arvig Media will inform the alleged copyright owner that Arvig Media will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Arvig Media’s designated agent stating that it has filed suit against the alleged infringer. An effective counter-notification must be sent to Arvig Media’s designated agent, whose name and address are listed above. The notice must include the following information: The counter-notifying party’s physical or electronic signature; Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement; A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Arvig Media is subject to jurisdiction, and that the subscriber will accept Service of process from the person who provided Arvig Media with notification or an agent of such a person. To complain of discrimination call the U.S. Department of Housing and Urban Development toll-free at 800-669-9777. The toll-free telephone number for the hearing impaired is 800-927-9275.
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