- Content
Guidelines.
You agree not to post, upload or transmit to the Sites or to IPLUS-INFO.COM's
servers any communications, text, graphics or other information (collectively,
"Material") that:
- is
obscene, fraudulent, indecent, discourteous, racially offensive, or
abusive
- defames,
abuses, harasses or threatens others
-
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
-
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
Sites
- or
violates any applicable local, provincial, national, or international
law.
- IPLUS-INFO.COM
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. IPLUS-INFO.COM may take any action with respect to the
Material if IPLUS-INFO.COM believes, in its sole discretion, that the
Material may create liability for itself or any third parties or may
cause IPLUS-INFO.COM to lose (in whole or in part) the services of its
ISPs, vendors or advertisers.
- 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 IPLUS-INFO.COM'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 IPLUS-INFO.COM'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.
- Any third-party
sites to which the Sites may link are not under IPLUS-INFO.COM's control,
and IPLUS-INFO.COM 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, IPLUS-INFO.COM
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.
- 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. IPLUS-INFO.COM 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. IPLUS-INFO.COM 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. IPLUS-INFO.COM DOES NOT SCREEN OR ENDORSE ANY ROOMMATES
WHO LIST ON THE SITES, AND MAKES NO REPRESENTATIONS AS TO INDIVIDUAL
CHARACTER, CREDITWORTHINESS, 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
IPLUS-INFO.COM 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. IPLUS-INFO.COM 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
IPLUS-INFO.COM 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, IPLUS-INFO.COM 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 IPLUS-INFO.COM 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 IPLUS-INFO.COM'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, IPLUS-INFO.COM'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.
- 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 IPLUS-INFO.COM
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. IPLUS-INFO.COM's
use of personally identifiable information, as well as IPLUS-INFO.COM's
use of cookies and other tracking methods, is governed by the terms
of IPLUS-INFO.COM'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 IPLUS-INFO.COM's
use of your information, as enumerated in IPLUS-INFO.COM's then-current
privacy policy, which is incorporated herein by reference. Because IPLUS-INFO.COM's
Privacy Policy may change from time to time, you should also review
it regularly for updates.
- 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 IPLUS-INFO.COM
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.
- IPLUS-INFO.COM
reserves the right to terminate this Agreement immediately and without
notice for any or no cause, at any time. Without limiting the preceding
sentence, IPLUS-INFO.COM 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) IPLUS-INFO.COM 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.
- The Terms
of Use shall be governed by and construed in accordance with the laws
of the province of Quebec, without regard to conflict of laws principles.
You and IPLUS-INFO.COM 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 Quebec.
- IPLUS-INFO.COM
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. IPLUS-INFO.COM will attempt to provide
reasonable notice of such changes to the Services or the Sites. IPLUS-INFO.COM
may also impose limits on features or restrict access to parts of the
Sites.
- IPLUS-INFO.COM
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. IPLUS-INFO.COM therefore encourages you to
review these Terms of Use frequently.
- Notifications
of any unlawful conduct, including, without limitation, copyright or
other intellectual property infringement should be sent to IPLUS-INFO.COM's
Designated Agent listed below.
- Your sole
remedy for any breach of these Terms of Use by IPLUS-INFO.COM 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 IPLUS-INFO.COM, or any breach of these Terms of Use by
IPLUS-INFO.COM. These Terms of Use constitute the entire understanding
of you and IPLUS-INFO.COM 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 IPLUS-INFO.COM. 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 IPLUS-INFO.COM as reflected
in the original provision. Any delay or failure on the part of IPLUS-INFO.COM
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. You indemnify and hold harmless IPLUS-INFO.COM, and
the officers, directors, employees, partners, principals, agents and
representatives of IPLUS-INFO.COM, from, against and in respect of any
and all demands, claims, actions or causes of action, liabilities, losses,
and expenses, including reasonable attorneys' fees, arising out of or
relating to any breach by you of any covenant, representation or warranty
made pursuant to these Terms of Use. 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.
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