- Agreement Between You and BoilerApartments.com. Thank
you for using our services available at www.BoilerApartments.com (the "Website") or in downloadable mobile applications. The
information contained in the other pages and websites referred to in this document, as they may contain further terms
and conditions that apply to you. Underlined words and phrases are links to these pages and websites. In some cases, we
and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement
and any other terms and conditions posted on BoilerApartments.com, and any
other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated
herein by reference.
- Website Information and Remedies. BoilerApartments.com
is a technology platform owned and operated by Content Driven Solutions, LLC. The rental advertisements and related services posted on
BoilerApartments.com are procured and provided by Content Driven Solutions, LLC.
case of any violation of our Agreement, Content Driven Solutions, LLC reserve the right to seek all remedies available by law
and in equity for such violations, including termination of your use of BoilerApartments.com. For purposes of our Agreement, the
term "Website" may, at our option, include any current or future domestic co-branded websites, affiliated websites,
private-label websites, and/or international websites in which BoilerApartments.com currently participates or may participate in the
future with regard to advertising services.
- Content Requirements. To
assure the value of BoilerApartments.com services, you agree that all of the information you have provided to BoilerApartments.com, whether
online or otherwise, is accurate and complete. Lessors shall be responsible for preparing and submitting the Rental
listings, and shall be solely liable for assuring that such information is accurate, and comply with all
applicable laws and our policies.
- Your License to Us. When you
give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to use, distribute, reproduce, modify, adapt, publicly
display and exercise all copyright, publicity and database rights related to the content, in any media known now or in
the future, and you represent that you have sufficient rights in the content to make this grant.
- Our License to You. BoilerApartments.com
hereby authorizes you to view, copy, download and print the information and data ("Materials") available on BoilerApartments.com,
provided that: (1) if you are a Renter, the Materials are used solely for personal, noncommercial purposes and if you
are a Lessor, the Materials are used only for the purposes of using the services expressly offered by BoilerApartments.com. Without
limiting the generality of the foregoing, as a Renter, you are only permitted to use BoilerApartments.com to search for residential
rentals, communicate with Lessors, and consider other move-related services; and as a Lessor, you are only permitted to
use BoilerApartments.com to advertise your Properties and communicate with Renters; (2) the Materials are not modified, republished,
or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they
appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as
conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of
- No Unauthorized Duplication. Except
as otherwise stated herein, none of the content on the Website or our mobile application may be modified, copied,
reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any
means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior
express written permission of BoilerApartments.com.
- Trademarks. The term
"BoilerApartments.com" and any other trademarks, trade names, logos and service marks, including, but not limited to, BoilerApartments,
Content Driven Solutions, BadgerApartments, BoilerApartments, DawgDigs, HoosierApartments, SpartanSpaces and UMichApartments
(collectively, the "Marks") displayed on BoilerApartments.com are the property of Content Driven Solutions, LLC or other third
parties. You are
not permitted to copy or otherwise use these Marks without the prior written consent of Content Driven Solutions, LLC or such other owner.
No Unlawful or Prohibited Use. As a condition of your use of
BoilerApartments.com, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our
service and any related activities, including the Fair Housing Act.
In addition, you warrant that you will not use BoilerApartments.com in any way prohibited by these terms, conditions and notices. In
addition, you will not:
- post listing on, or purchase services from, BoilerApartments.com if you are not able to form legally
binding contracts, are under the age of
18, or are temporarily or indefinitely suspended from BoilerApartments.com;
- use BoilerApartments.com to advertise the Property owned by another person unless you are the duly
authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your
representation of such person complies with all applicable laws;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm BoilerApartments.com or the interests or
property of BoilerApartments.com users;
- copy, modify, republish or distribute content from the Website or our mobile application
or BoilerApartments.com's copyrights and trademarks;
- impersonate another person or otherwise misrepresent your affiliation with another person
or entity, conduct fraud, hide or attempt to hide your identity;
- provide inaccurate contact information or other information relative to your move or
- harvest or otherwise collect information about users, including email addresses, without
- transmit to BoilerApartments.com or any user any information or materials of any kind which (i)
violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are
libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortuous, invasive of another's privacy,
hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information.
- Reporting Intellectual Property Infringement. BoilerApartments.com respects the intellectual property of others. If you believe that
your rights have been infringed by content appearing on our Website, please email us at
notify our designated agent. Please include the words "Notice of Infringement" in the subject line of the email. We
reserve the right to remove content for any reason.
- Links to Third-Party Websites. BoilerApartments.com
may contain links to websites operated by parties other than BoilerApartments.com. Such hyperlinks are provided for reference only.
BoilerApartments.com does not control such websites and is not responsible for their contents. BoilerApartments.com's inclusion of hyperlinks to
such websites does not imply any endorsement of the material on such websites or any association with their operators.
If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
- General Disclaimer. Although
BoilerApartments.com has attempted to provide accurate information on the Website and our mobile applications, BoilerApartments.com assumes no
responsibility for the accuracy of the information. All information provided on BoilerApartments.com is provided "as is" with all
faults without warranty of any kind, either express or implied. BoilerApartments.com hereby disclaims all warranties, express or
implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and
noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are
held to be legally invalid.
- Limitation on Liability. Neither
BoilerApartments.com, its parent, affiliates, or subsidiaries, or any of 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, loss or damage to data arising out of the use
or inability to use the Website or any BoilerApartments.com advertisement, or damages from the use of or reliance on the information
present on BoilerApartments.com, even if BoilerApartments.com has been advised of the possibility of such damages.
- Modification of the Website. BoilerApartments.com
(and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content
appearing on the Website or mobile applications. BoilerApartments.com may discontinue or revise any or all aspects of the Website or
mobile applications in its sole discretion and without prior notice. Without limiting the foregoing, BoilerApartments.com reserves
the right to change the terms, conditions, and notices under which this Website or mobile applications are offered at
any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for
new users, or 30 days after they are posted on BoilerApartments.com for all other users. It is your responsibility to check terms
and conditions of this Agreement at the time of each use.
- Privacy. We view the
protection of users' privacy as a very important principle and will only use your information as described in the
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit
- Release. Because BoilerApartments.com is
an advertising venue, in the event that you have a dispute with one or more users, you release BoilerApartments.com, its parent and
affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California
resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
Nature of BoilerApartments.com Services. BoilerApartments.com operates a platform
for Lessors desiring to advertise residential rental properties with available units, and the advertisements on BoilerApartments.com
are based on information provided by the Lessors. Accordingly, BoilerApartments.com is not responsible in any way for the content in
any such advertisements, nor is BoilerApartments.com responsible for any actual lease transaction between a potential Renter and a
Lessor. Though BoilerApartments.com offers tips and advice on renting and living in rentals, we do not render legal, brokerage,
or other professional advice or services to either its Renter or
Services Not Provided. Without limiting the generality of
the foregoing, you acknowledge and agree as follows:
- BoilerApartments.com does not participate in any actual lease transactions, including, without
limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on
BoilerApartments.com an obligation to perform any services other than those expressly undertaken by BoilerApartments.com;
- BoilerApartments.com does not render legal,
brokerage, or other professional advice or services; in the event you desire or need such services, BoilerApartments.com strongly
advises you to secure the same;
- BoilerApartments.com is not undertaking any, and has no, duties to either Renters or Lessors,
including, without limitation, the obligation to inspect rental properties, to verify the veracity of information
contained in an advertisement, or to interview or otherwise screen Renters;
- BoilerApartments.com is not responsible for the content of, nor does it endorse, the third-party
websites to which you may link using this Website;
- BoilerApartments.com does not guarantee the accuracy of any information available on BoilerApartments.com, and is
not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all
information obtained on this Website must be verified independently;
- BoilerApartments.com may make changes to its products and/or services and this Website or mobile
applications at any time and without notifying you or receiving your consent; and
- While BoilerApartments.com complies with applicable state and federal laws, including federal civil
rights laws, BoilerApartments.com cannot guarantee that its users so comply. Accordingly, BoilerApartments.com assumes no liability for Renters'
and/or Lessors' failures to comply with such laws.
- Indemnity. You will indemnify
and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from
any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other
costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation
of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
- Default and Remedies. Without
limiting any other provision in this Agreement, in the event you default under this Agreement, including without
limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right
to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from BoilerApartments.com ;
(2) we can terminate this Agreement; (3) we can ban your future use of BoilerApartments.com; (4) we can impose interest on your past
due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) we can impose an
administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition
your continued use of BoilerApartments.com on requirements such as a fee increase, submission of a security deposit; and/or fee
prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.
Resolution of Disputes. If a dispute arises between you and
BoilerApartments.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and BoilerApartments.com agree that we will resolve any claim or controversy at law or equity that arises out of
this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise
agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek
a resolution by calling 800.689.3951, Monday-Friday, 9 a.m. to 5 p.m, Pacific Time. We will consider reasonable requests to
resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives
- Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws
of the State of California as they apply to agreements entered into and to be performed entirely within California
between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may
have against BoilerApartments.com must be resolved by a court located in Santa Clara County, California, except as otherwise agreed
by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal
jurisdiction of the courts located within Santa Clara County, California, for the purpose of litigating all such Claims
- Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable
relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to
resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party
elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR")
provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a)
the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific
manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims. All Claims you bring against us must be resolved in accordance
with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section
shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, BoilerApartments.com
may recover attorneys' fees and costs up to $1,000, provided that BoilerApartments.com has notified you in writing of the improperly
filed Claim, and you have failed to promptly withdraw the Claim.
- General. By using this Website
and all other agreements and policies posted on BoilerApartments.com. BoilerApartments.com reserves the right to refuse service to
anyone and to terminate a user’s account at any time.
Our mailing address is PO Box 610194, San Jose CA 95161-0194.
In our sole discretion, we may assign the Agreement.
Headings are for reference purposes only and do
not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. BoilerApartments.com may rely on your electronic signature to create a
binding valid agreement. From time to time BoilerApartments.com may send facsimiles or emails regarding its products and services,
or shall call customers regarding BoilerApartments.com's products and services, and you hereby expressly consent to receiving such
Last updated: October 16, 2011
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