365 CONNECT IS NOT A PARTY TO ANY LEASE TRANSACTION
This Website is operated by us for the Landlord, but we do not represent the Landlord. We do not own or manage the properties featured on this Website, and we do not enter into leases for any of the properties in any capacity. Any leases that you enter into through the Website (electronically or otherwise) are with the Landlord or another third party, and not us. We are not a party to, and are not liable for, any such leases. The Landlord or other third party may impose requirements on users in connection with lease-related transactions and activities facilitated through the Website; any such requirements are imposed solely by and are the sole responsibility of the Landlord or other third party. The terms of any such leases are determined solely by you and the countersigning third-party, and not by us.
You acknowledge and understand that we do not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others who list properties or otherwise use the Website; (b) participate in any negotiations with respect to leases or other transactions between you and third-parties, or (c) guarantee, endorse or ensure a rental property or any lease or other transaction between any user and any property manager, owner or any other person or entity.
You agree (a) that you will not execute a lease electronically without intending that such execution signify your legally binding consent; (b) that we make no representation or warranty with respect to the legal sufficiency, validity, or enforceability of the electronic execution of the lease under any applicable laws or regulations; (c) that you will rely on your own legal counsel to determine the legal sufficiency, validity, and enforceability of the electronic execution of the lease; (d) that you will address any issues or disputes about any leases directly with such third-party, and not with us; (e) that we shall have no liability relating to any communications, contracts, or other interactions between you and the Landlord or any other users of the Website or any other third party; and (f) in the event of any dispute between any you and any third party, you release us from and will indemnify us against any claims, demands, causes of action, damages, and expenses of every kind and nature, whether known or unknown, arising out of or relating in any way to such dispute.
CERTAIN USE LIMITATIONS
You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.
You represent, warrant, and agree that any information or materials you submit to or post on the Website (a) shall be true, accurate, and current; (b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another's use of the Website; (d) will not promote illegal or harmful activities; and (e) will not be illegal, unlawful or contrary to any applicable laws or regulations where created, displayed, or accessed.
THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
This Website features information, materials, products, and services provided by third parties, such as the Landlord, content providers, payment processors, advertisers, and other users. All such information, materials, products, and services made available by a third party, such as property information, applications, lease agreements, leasing information, floor plans, property management practices or policies, apartment rentals, background checks and other prospective renter screening services, payment processing services, user reviews, local news, and educational resources, are those of the third party and not us. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third party information, materials, products, or services.
You agree that we have no responsibility or duty to review, pre-screen, or approve, and that we shall not be responsible or liable for, any third party information, materials, products, or services or any loss or damage of any kind arising out of or relating to any of them. Without limiting the generality of the foregoing, you agree that we have no responsibility for, and no liability for any damages or expenses arising out of or relating to, any: (a) lease transactions, including without limitation negotiations, offers, agreements, establishing rents or fees, or any related communications; (b) legal, brokerage or other related professional services or advice; (c) inspection, screening or pre-approval of rental properties; (d) verification, screening or pre-approval of property listings; (e) evaluation, screening or pre-approval of the Landlord or other advertisers who post listings or other content on the Website; or (f) the amounts of any payments made or due between you and any third party with respect to any product or service.
The Website utilizes Google Maps and related content licensed to us by Google and its licensors. By using the Google Maps features available on the Website, you are agreeing to be bound by the applicable policies, terms and conditions of Google.
LINKS TO THIRD PARTY SITES
This Website may contain links, inline frames, feeds, embedded content to or from websites (collectively, "Links") operated by parties other than 365 Connect. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that 365 Connect is not responsible or liable for such websites, the availability or contents of such websites, any products or services they offer, or any damages any of the foregoing may cause you.
USE OF ONLINE WEB COMMUNITIES
You agree to use any bulletin board services, chat areas, news groups, forums, blogs, instant messaging, and/or other message or communication facilities on this Website (collectively, "Communities") to post, send, and download only messages and material that are legal, proper, non-injurious, and reasonably related to the particular Community. Without limiting the foregoing, you agree that when using a Community, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (e) advertise or offer to sell any goods or services for any commercial purpose; (f) conduct or forward surveys, contests, pyramid schemes or chain letters; (g) download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; (h) falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any other person; or (i) restrict or inhibit any other user from using and enjoying the Communities.
365 Connect has no obligation to monitor the Communities, and does not endorse the content, messages or information found in any Community. However, 365 Connect reserves the right to edit, refuse to post, or to remove any information or materials on any Community, in whole or in part, at any time, in 365 Connect’s sole discretion. You agree that 365 Connect has no responsibility or liability for any information or material posted by you or any other user or third party on any Community, and that you post and read any Community information at your own risk. You agree to indemnify and hold 365 Connect and its members, managers, officers, employees, and affiliates harmless from any claim, demand, suit, damages, liability, or expense, including reasonable attorney’s fees, arising out of or relating to your posting or reading of any information or material on or other participation in any Community.
By posting messages, uploading files, inputting data, or engaging in any other form of communication in any Community or otherwise through this Website, you grant to 365 Connect and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right, license, and permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, and/or sell any such communication throughout the world in any media for any purpose, including marketing and other business activities. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
REVIEWS AND CONTENT SUBMISSIONS
This Website allows you to provide and submit certain content in the form of a review or rating as to your experience in visiting or living at the properties featured on this Website. By posting messages, uploading files, inputting data, or engaging in any other form of content submission or communication through this Website, you grant to 365 Connect and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right, license, and permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, and/or sell any such content throughout the world in any media for any purpose, including marketing and other business activities. The foregoing grants shall include the right to exploit any proprietary rights in such content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your password or your account. You agree: (a) that you will not disclose your Site password to anyone, (b) that you will not allow others to utilize your account, (c) to ensure that you fully exit from your account at the end of each session, (d) to immediately change your password if you become aware that your account has been compromised, (e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (f) that you will be solely responsible for safeguarding your password and for any actions taken under your password or account, whether authorized by you or not.
SOFTWARE AVAILABLE ON THIS WEBSITE
All Software, including without limitation all code and active controls contained in this Website, is owned by 365 Connect and/or its suppliers and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction or redistribution is expressly prohibited.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The information, software, products, and services included on this Website, such as leasing information, floor plans, local news, video content and educational resources, may include inaccuracies, out-of-date information, and/or typographical errors. Any advice or other information you receive via this Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
365 Connect make no representations or warranties about the suitability, reliability, timeliness, availability, security, performance, condition, or accuracy of any information, software, products, services or related graphics contained on this Website for any purpose. All such information, software, products, services and related graphics are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. 365 Connect hereby disclaim all warranties with regard to the information, software, products, services and related graphics on this Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, course of performance, or usage. Without limiting the generality of the foregoing, 365 Connect specifically makes no, and disclaims any, representation or warranty (a) regarding the services, advice, information or links obtained through the Website; (b) that the Website or any information and materials therein will meet your requirements; (c) that the Website or any functions contained in the Website will be error-free, secure, timely, or uninterrupted; (d) that the results that may be obtained from the use of the Website or information and materials therein will be accurate, reliable, or available; (e) that any errors in the Website or information or materials therein will be corrected; or (g) that the Website and its contents and any server that makes the Website available are free of any viruses or other harmful components.
In no event shall 365 Connect be liable for any indirect, punitive, incidental, special, or consequential damages whatsoever, or any damages for loss of use, data or profits, or any damages of any kind in excess of $100, in each case arising out of or in any way connected with any use or performance of this Website, any delay or inability to use this Website, any provision of or failure to provide services through this Website, or any information, software, products, services or related graphics obtained through this Website, whether based on contract, tort, negligence, strict liability or otherwise, even if 365 Connect was advised of the possibility of the damages or the damages were foreseeable.
Because some states and other jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers or limitations may not apply to you, and you might have additional rights.
You agree that any claim or cause of action you may have arising out of or relating to your use of the Website or any information, software, product or service thereon must be filed by you within one year after such claim or cause of action arose or be forever barred.
ARBITRATION OF ANY DISPUTES
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 365 Connect as a result of this agreement or use of this Website.
365 Connect's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 365 Connect's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by 365 Connect with respect to such use.
You may contact 365 Connect regarding this Website at the following email address: email@example.com
365 Connect has designated the following email address to receive notifications of claimed copyright infringement involving this Website firstname.lastname@example.org. Please include in your notice a description of the copyrighted work, a description of where the material you claim is infringing is located on the Website, a statement that you are the copyright owner or its agent, and your address, telephone number, and email address.
PROVISIONS FOR LANDLORD ONLY
Services, Duties, and Fees: We shall continue to provide you with use of the same web-based hosted platforms ("Platforms") and other services that we currently provide you. You will continue to use them with respect to the same properties that you currently use them. You are responsible to use, promote, and market the Platforms to all of your prospective and existing residents. The service fees you must pay us shall continue to remain the same as in the past, except that we have the right to increase the fees at any time by giving notice of each increase to you. You may request additional services for additional monthly service fees, which will be price quoted at the time the additional services are requested.
Payments, Termination, and Term: Your payments will continue to be due in accordance with our standard billing procedures. If required, we will provide you a monthly invoice for each property, which will be sent to the address you provided us for the property. We have the right to restrict the access of any or all users from the Platforms should you fall in arrears on any service fees. We have the right to terminate any or all services in the event you are delinquent thirty (30) days or more on any service fees.
Operation and Links: We do not warrant that the operation of our service will be uninterrupted or error-free. You acknowledge that the Platforms contain links, inline frames, feeds, embedded content (collectively, "Links") to or from other websites, and we do not warrant the function or accuracy of any linked sites. Certain services and products throughout the Platforms are provided by third parties, and we do not warrant the sale, use or function of any products or services of any third party.
Security: You and your staff have control over the issuance, maintenance, and access of the passwords to access certain data on the Platforms. We do not guarantee the security, accuracy, or completeness of any information collected online or any physical, electronic, or managerial procedures we have put in place in an attempt to safeguard and secure such information. We do not warrant the security of any information transmitted, inserted, or stored on the Platforms.
Information; Warranty Disclaimer: The Platforms contain information, pricing, content, graphics, links, and other data provided by you, your employees, contractors, vendors, third parties, and others. We assume no responsibility for the accuracy of the information displayed on any Platform. All information provided on each Platform is provided "AS IS" with all faults without any warranty of any kind, either express or implied. We disclaim all warranties, express or implied, including without limitation those of merchantability, fitness for a particular purpose, and non-infringement or arising from a course of dealing, usage, or trade practice.
Limitation Of Liability: To the maximum extent permitted by law, neither we, our parent, affiliates, or subsidiaries, nor any of our or their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, or loss or damage, arising out of the use or inability to use the Platforms or damages from the use of or reliance on the information presented to us.
Technology Rights: You will not at any time directly or indirectly reverse engineer, recompile, reverse assemble, copy or create derivative works based upon our proprietary technology. You further acknowledge and agree that any and all web properties contained inside of the Platforms, including without limitation technology, intellectual property, software or other information, is the sole property of 365 Connect, and you merely have a license to use the Platforms. The provisions of this paragraph, among others, shall survive the termination of this agreement. You acknowledge that the development of the Platforms was not a work-for-hire.
Ownership, Trade Secrets: You and we acknowledge and agree that, at all times relevant to this agreement, the services and their associated technology, intellectual property and good will are our property, are unique, and are our protected trade secrets.
Miscellaneous: Nothing contained in this agreement shall be deemed or interpreted to constitute the relationship between you and us as a legal partnership, agency, joint venture or any other relationship in which either you or we are responsible for or shall incur liability to outside parties as a result of the actions or omissions of the other. This agreement shall not be for the benefit of, or enforceable by, any person or entity not a party hereto and shall not confer any rights or remedies upon any party other than you and us and our respective successors and permitted assigns. This agreement shall be interpreted under the laws of the State of Louisiana, and all claims brought by either you or us under this agreement shall exclusively be brought in a court of competent jurisdiction in the State of Louisiana.
Severability: In the event that any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.
Notices: Any notice required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given: when received if personally delivered; when transmitted if transmitted by electronic mail (Email) and a receipt is obtained; the day after it is sent if delivered by overnight delivery service and a receipt is obtained; and five days after it is sent if mailed, first class certified mail, return receipt requested, proper postage prepaid. In each case notices shall be sent to the last known address of the other party.
end of provisions for landlord only
LAST MODIFIED JULY 10, 2015