|
|
Subleaser.com Terms and Conditions
Two Dingos LLC and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually “Two Dingos”) provide you access to the subleaser.com web site (the “Site”) subject to the terms and conditions of use set forth below (the “Terms of Use”). Two Dingos offers certain services via the Site, including, without limitation, sublet listing 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. Services
The Site provides a place where registered users can list apartments or homes for tenant opportunities, but Two Dingos is not involved in any actual transactions between our users. This service is provided on an “as is” basis and Two Dingos assumes no responsibility for any information posted on the Site by others, including information posted by users or by advertisers.
Two Dingos has no control over or ability to verify the quality, safety, legality, legitimacy, truth, accuracy or completeness of any listings or other information posted on the Site. Two Dingos is not able to verify the identity of users on the Site. You should use caution in your dealings with other users and our advertisers to the same extent as in any dealings with strangers, and you must assess and bear all risks arising in connection with your use of the Site and the Services. Two Dingos does not vouch for the character, honesty or integrity of any user and you should not assume that information is accurate merely because it is posted on the Site or that users are honest merely because they are members of the Site. In particular, you should not provide money, anything else of value or personal information to any other user before evaluating the risks of doing so and satisfying yourself of the recipient’s legitimacy and good faith.
2. Content Guidelines; Prohibited Use
You agree not to post, upload or transmit to the Site or to Two Dingos’ servers any communications, text, graphics or other information (collectively, “Material”) that:
• is unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive;
• discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others (including but not limited to your employer), inside information or privileged information;
• misrepresents your identity in any way or contains forged or “spoofed” headers or identifiers or otherwise misrepresents or hides the origin of any Material;
• provide or embed contact information in photographs, profile descriptions or any other unauthorized manner without paying for a subscription.
• 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;
• advocates or encourages any illegal activity;
• creates liability for Two Dingos or causes Two Dingos to violate the requirements of or to lose the services, in whole or in part, of its Internet service providers or other suppliers;
• infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
• violates the privacy of individuals, including other users of the Site or the Services; or
• violates any applicable local, state, national, or international law.
You acknowledge and agree you are entirely responsible for all Material that you post, email or otherwise transmit or make available through the Site. In using the Site and the Services, and in all dealings with any person whom you contacted or communicated with through or as a result of your use of the Site or the Services, you will comply with all applicable foreign, domestic, international, state and local law. You acknowledge that Two Dingos does not originate the information available through the Site and that all information, data, text, photographs, graphics, messages or other materials available through the Site (“Content”) are the sole responsibility of the person who originates such Content. Two Dingos does not control or regularly monitor Content on the Site or Material transmitted through the Site or sent as a result of contacts made through the Site.
Accordingly, Two Dingos does not guarantee the accuracy, integrity or quality of any Content. You understand that by using the Site and the Services, you may be exposed to offensive, indecent or objectionable Content. You agree that Two Dingos will not be liable for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content, any conduct of any user of the Site or any conduct of any person resulting from contacts or communications made through the use of the Site.
Notwithstanding the fact that Two Dingos does not regularly monitor or screen Content, Two Dingos reserves the right, in its sole and absolute discretion, to remove or refuse to post any Content for any reason it deems sufficient. Without limiting the foregoing, Two Dingos in its sole and absolute discretion may determine whether you are in compliance with the foregoing guidelines and reserves the right to delete from the Site without prior notice or liability any Content that it deems to be non-complying or otherwise objectionable for any reason. Two Dingos also may take any action with respect to any Content if Two Dingos believes, in its sole and absolute discretion, that the Content may create liability for Two Dingos or any third parties or may cause Two Dingos to lose (in whole or in part) the services of its Internet service providers, vendors or advertisers.
By posting a sublease you are opting to join the mailing list for the subleaser.com email newsletter. You may unsubscribe from this newsletter at any time using the unsubscribe link provided in the email newsletter.
Password Security. Should you elect to become a registered user, you may receive an account with a user name and password, and you are responsible for all activities in your account and will be liable for all use of your account. You agree to protect the confidentiality of your user name and password and to prevent their unauthorized use. You must notify us immediately of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree to be fully liable for any loss or damage arising from your failure to comply with this paragraph and to indemnify Two Dingos from and against all such loss or damage, including its costs, expenses and reasonable attorneys’ fees incurred as a result of any such failure.
Other Restrictions on Use. You shall comply with all laws and regulations applicable to your use of the Services, the Site, and the Content. You are not permitted to use Two Dingos’ 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 Two Dingos in light of the load imposed by other users generally) on Two Dingos’ infrastructure. You may not use any “bot” or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from Two Dingos or any of its business affiliates.
You may not interfere with or disrupt the Site or the Services, servers or networks connected to the Site or the ability of other users to access and use the Site. You agree to comply with all requirements, procedures, policies or regulations of networks connected to the Site.
3. Links to Third-Party Sites
Any third-party sites to which the Site may link are not under Two Dingos’ control, and Two Dingos 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, Two Dingos does not intend links contained on the Site 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 and Limitation of Liability
THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, “INFORMATION”) IS 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. TWO DINGOS MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON.
TWO DINGOS MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. TWO DINGOS DOES NOT SCREEN OR ENDORSE ANY LISTING ON THE SITE, AND MAKES NO REPRESENTATIONS AS TO INDIVIDUAL CHARACTER, CREDITWORTHINESS, RENTAL HISTORY OR ABILITY TO PAY RENT, OR CONTENT OF LISTINGS POSTED ON THE SITE BY INDIVIDUALS SEEKING SUBTENANTS.
NO ONE IS UNDER ANY OBLIGATION TO USE THIS SERVICE OR THE SITE AND TWO DINGOS CANNOT BE HELD RESPONSIBLE FOR ANY EVENTS THAT TRANSPIRE THROUGH OR AS A RESULT OF USE OF THE SITE OR THE SERVICES.
IT IS EACH USER’S RESPONSIBILITY TO DETERMINE THE CHARACTER AND ACCEPTABILITY OF ANY PROSPECTIVE TENANT. TWO DINGOS IS NOT AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING OUT OF CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITE.
ALL INFORMATION RELATING TO ANY PROPERY TO BE LISTED 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 TWO DINGOS 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, TWO DINGOS 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 CONTENT, THE SITE OR THE SERVICES;
• ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE CONTENT;
• ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE CONTENT FURNISHED HEREUNDER;
• ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON, THE CONTENT, 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 SITE, EVEN IF TWO DINGOS 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 TWO DINGOS’ NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE CONTENT, THE SERVICES, THE SITE OR THE TERMS OF USE.
NOTWITHSTANDING ANY PROVISION OF THESE TERMS OF USE TO THE CONTRARY, TWO DINGOS’ 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. Indemnification; Release and Covenant Not to Sue
You agree to indemnify and hold harmless Two Dingos, its subsidiaries, affiliates, officers, directors, agents, joint venturers, contractors, advertisers, business associates, attorneys and employees from and against all losses, claims, damages or other costs of any nature or kind whatsoever arising directly or indirectly out of: (i) any Content that you originate, list, transmit or otherwise make available to Two Dingos or the Site; (ii) any violation by you of these Terms of Use as they may be modified from time to time, or of any representation, warranty or agreement made by you in these Terms of Use as they may be modified from time to time; and (iii) your use of the Site or the Services, your conduct with respect to the Site or the Services and your dealings with any person whom you contacted or communicated with through or as a result of your use of the Site or the Services. Such indemnity shall include, but not be limited to, reasonable expenses, attorneys’ fees, court costs and other expenses of investigation, litigation and settlement of any such claim.
You release Two Dingos, its subsidiaries, affiliates, officers, directors, agents, joint venturers, contractors, advertisers, business associates, attorneys and employees from any and all claims, charges, demands, sums of money, actions, rights, cause of action, obligations and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, disclosed or undisclosed, at law or in equity, which you may have had or may ever have arising out your use of the Site or the Services, your conduct with respect to the Site or the Services, or your dealings with any person whom you contacted or communicated with through or as a result of your use of the Site or the Services. If you are a resident of California, Montana, North Dakota, South Dakota or Guam, you waive California Civil Code § 1542, Montana Code Annotated § 28-1-1602, North Dakota Century Code § 9-13-02, South Dakota Codified Laws § 20-7-11 and Guam Code Annotated § 82602, respectively, each of which provides in words or substance that which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of any other jurisdiction with a similar provision, you waive that provision, and any similar provision which is a successor thereto.
You agree that you will not sue or commence any legal, arbitral or other proceedings against Two Dingos, its subsidiaries, affiliates, officers, directors, agents, joint venturers, contractors, advertisers, business associates, attorneys or employees with respect to any matter arising out your use of the Site or the Services, your conduct with respect to the Site or the Services, or your dealings with any person whom you contacted or communicated with through or as a result of your use of the Site or the Services.
6. Privacy and Communications to Site
Any communication, information or other material you transmit or post to the Site, 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 Two Dingos 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. Two Dingos’ use of personally identifiable information, as well as Two Dingos’ use of cookies and other tracking methods, is governed by the terms of Two Dingos’ 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 Two Dingos’ use of your information, as enumerated in Two Dingos’ then-current privacy policy, which is incorporated herein by reference. Because Two Dingos’ Privacy Policy may change from time to time, you should also review it regularly for updates.
7. Representations and 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 Two Dingos are true, accurate, current 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
Two Dingos reserves the right to terminate this Agreement immediately, without notice and without liability to you for any or no cause, at any time. Without limiting the preceding sentence, Two Dingos may terminate or suspend your use of the Services or access to the Site immediately and without notice or liability to you for any reason it deems sufficient in its sole and absolute discretion, including but not limited to: (a) your breach of the Terms of Use; (b) your infringement of the intellectual property rights of a third party; (c) Two Dingos’ inability to verify or authenticate any information you provide or its belief that any such information may not be true, accurate, current and complete; (d) any violation of any applicable laws or rights of any third party as a result of Material uploaded or transmitted by you to the Site; or (e) Two Dingos’ belief that your conduct may cause financial loss or legal liability for Two Dingos, other users, or you.
9. Governing Law, Jurisdiction and Dispute Resolution
The Terms of Use shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict of laws principles. You and Two Dingos 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 Mobile County, Alabama.
10. Changes to the Services and the Site
Two Dingos reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any features, databases or content. Two Dingos will attempt to provide reasonable notice of such changes to the Services or the Site. Two Dingos may also impose limits on features or restrict access to parts of the Site and the Services.
11. Modification to Terms of Use
Two Dingos may amend these Terms of Use at any time by posting amended Terms of Use to the Site.
Copyright
The Content and the Services, including their selection and arrangement on the Site, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions. Any unauthorized use of the Content or Services may violate such laws. Two Dingos does not grant any express or implied right or license under any copyright or other intellectual property in any Content or Services on the Site, except as authorized in these Terms and Conditions. Except for printing not more than two copies of Content for use consistent with the purposes for which you are authorized to have access to such Content, no portion of theContent may be reproduced or distributed in any form or by any means without Two Dingos’ prior written permission.
Trademark
Subleaser.com and certain other names or logos displayed on the Site are service marks or trademarks of Two Dingos or related entities, and all related products and service names, design marks and slogans are the service marks or trademarks of Two Dingos, and are protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Site, including, but not limited to the “look” and “feel” of the Site, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
13. Miscellaneous
Your sole remedy for any breach of these Terms of Use by Two Dingos 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 Two Dingos, or any breach of these Terms of Use by Two Dingos.
These Terms of Use constitute the entire understanding of you and Two Dingos 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 Two Dingos.
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 with a valid and enforceable provision that approximates as closely as possible the intent of you and Two Dingos as reflected in the original provision.
Any delay or failure on the part of Two Dingos to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.
RELATED READING
College Sublease, Apartment Sublet, and Roommate Articles:
|
|
|
