Terms of Service and Use Agreement for MultifamilyZone.com:
1. YOUR ACCEPTANCE OF THIS AGREEMENT
MultifamilyZone, LLC (“MultifamilyZone”) provides the internet-based, directory, information services, advertising, general, editorial and personalized content, and interactive tools found at MultifamilyZone.com (the “Services”) to you subject to the terms of this legal agreement between you and MultifamilyZone. Your use of MultifamilyZone.com shall constitute your agreement to these Terms and obligate you to comply with their requirements. Your use of the Services is, at all times, subject to all the Terms set forth herein as well as any policies and/or guidelines of MultifamilyZone that may be posted and modified from time to time, all of which are considered part of these Terms. We may periodically modify and supplement these Terms, with or without notice to you. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon posting on MultifamilyZone.com, and any use of the Services after such revisions have been posted signifies your consent and agreement to the modified Terms.
2. PROVISION OF SERVICES BY MULTIFAMILYZONE/PRIVACY
In providing the Services, we do not actively monitor the display, transmission and exchange of listings, directories, advertisements, copy, text, slogans, logos, symbols, designs, graphics, images, photographs, pictures, music, sound and video recordings, animations, effects, and other material that is accessible by means of the Services, nor do we maintain any obligation do to so except as otherwise determined by us or required by the laws of applicable jurisdictions. However, subject to applicable privacy laws, we reserve the right, but not the obligation, to monitor the Services for the purpose of determining that their usage is in compliance with these Terms and applicable laws. Any modification or elimination of the Services will be done at our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Services does not entitle you to the continued provision or availability of the Services. You may be required to register and create an account in order to access certain features of MultifamilyZone.com. Information gathered through the registration process and information related to your account will be subject to these Terms. You represent and warrant that all information provided by you when creating an account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your account. You agree that you will not register for more than one user account and are solely responsible for the usage of your account by any third parties. We are under no obligation to retain a record of your account or any data or information stored therein. MultifamilyZone will not share the information you provide to register and create an account on MultifamilyZone.com with any third party without your consent.
3. INTELLECTUAL PROPERTY
Any and all intellectual property rights associated with the Services, including the design, text, graphics, pictures, information and other files contained in MultifamilyZone.com, including, without limitation, the MultifamilyZone company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the “Intellectual Property”), are the sole property of MultifamilyZone, its wholly-owned subsidiaries, affiliates, or other third parties. MultifamilyZone does not grant to you any express or implied rights to any Intellectual Property and all such rights are retained by MultifamilyZone, its subsidiaries, parent companies, affiliates and/or any third party owner of such rights. If you reasonably believe that any material on MultifamilyZone.com contains unauthorized reproductions of your copyrighted work or otherwise infringes an exclusive copyright right, you may have recourse under and should refer to the Digital Millennium Copyright Act (17 U.S.C. sec. 512).
4. THIRD PARTY SITES
5. WARRANTY DISCLAIMER
Any use of MultifamilyZone.com shall be at your sole risk. MultifamilyZone disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material accessible by use of MultifamilyZone.com. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MULTIFAMILYZONE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF MULTIFAMILYZONE.COM OR THE SERVICES. MULTIFAMILYZONE DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT MULTIFAMILYZONE.COM OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. MULTIFAMILYZONE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH MULTIFAMILYZONE.COM. NO ADVICE OR INFORMATION PROVIDED BY MULTIFAMILYZONE, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY. NEITHER MULTIFAMILYZONE, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF MULTIFAMILYZONE.COM OR ANY THIRD PARTY SITES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM MULTIFAMILYZONE.COM (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH MULTIFAMILYZONE.COM, OR (4) THE INTERNET GENERALLY.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL MULTIFAMILYZONE BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON MULTIFAMILYZONE.COM AND THE SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF MULTIFAMILYZONE IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF MULTIFAMILYZONE.COM AND THE SERVICES, (2) THE MATERIALOR THE INTERNET GENERALLY, (3) THE USE (OR INABILITY TO USE), (4) RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM MULTIFAMILYZONE.COM OR A THIRD PARTY SITE, OR (5) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH MULTIFAMILYZONE.COM. THE USER OF THE SITES AND SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, SERVICES, AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents and employees, harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of your violation of these terms or of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity,
or your use of, or conduct on, any Third Party Site. The foregoing indemnity obligations will survive any termination of the Terms. MultifamilyZone reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of MultifamilyZone.
We reserve the right to terminate, suspend, or restrict your access to MultifamilyZone.com and your use of the Services, in whole or in part, unilaterally and without prior notice, in the event that we determine, in our sole discretion, that you have violated or failed to fully comply with any of the Terms. MultifamilyZone reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms. Any cause of action arising out of or related to MultifamilyZone.com must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services, including the laws, regulations and ordinances of any jurisdiction from which you access MultifamilyZone.com. These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Lane County, Oregon. Except as expressly stated herein, the Terms constitutes the entire agreement between you and MultifamilyZone with respect to MultifamilyZone.com, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and MultifamilyZone with respect to the Services and/or the subject matter of these Terms. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.