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Terms and Conditions and Privacy Disclosure


Terms and Conditions

Last updated: April 14, 2014

By using or accessing Apartments411, Apts411, eRentals411, WelcomeHome411 (.com, .net, .org, info) any subdomain of any such websites, any mobile application for such websites or any other website operated by us on which these Terms and Conditions are posted (each referred to herein as a “Site”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy (collectively, the “Terms“). If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, “use” or “access” of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term “Site” includes, without limitation, any cached version thereof.

Each Site is operated by Apartments411, LLC.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Apartments411 and affiliate sites. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.

1. The Site is a Venue and we are Not a Party to any Rental Agreement or other Transaction between Users of the Site.

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property. We do not own or manage, nor can we contract for, any rental property listed on a Site. Apartments411.com and other Sites act as a venue to allow owners, management companies and property managers who advertise on the Site (each, a “member”) to offer for rent in a variety of pricing formats, a specific rental property to potential renters (each, a “renter” and, collectively with a member, the “users”). Shoppers (also referred to as users” herein). We also may offer online appointments or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions. Renter(s) are advised and encourage researching each apartment listed ‘of interest’ as part of their due diligence before renting.  Apartments411 does not refer any specific apartment community over another.  No apartment community can offer safety or security, contact local police enforcement for information regarding crime at a specific location or on a specific area.

We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users.

Responsibility for applicable laws, rules and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to credit card, data and privacy laws, rules & regulations, taxes, permit or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking or other payment information from travelers agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
Warnings of Suspicious Activity: While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.

 

2. Limited License to Use the Site.

Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a vacation rental property, searching for a rental property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

3. Unauthorized Uses of the Site.

The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing rental advertisement services or other services that compete with us.

Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:

Any commercial use (other than by members with a fully paid up subscription in good standing (a “valid subscription”) or by members pursuant to a valid license to software offered on a Site (a “valid license“) of the Site or any content on the Site;

Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a property listed under a valid subscription;

Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;

Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

Deep-link to any portion of the Site without our express written permission;

Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;

Reverse engineer any part of the Site;

Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;

Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;

Use the Site and its inquiry functionality other than to advertise and/or research rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Site;

Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or

Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under, Email: Manager@apartments411.com.

4. Proprietary Rights and Downloading of Information from the Site.

The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.

As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.

5. Your E-mail Address and Data; Our Privacy Policy; Data Transmittal.

When you provide your e-mail address to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Site or a website of one of our affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement, with our Privacy Policy.

Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.

In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.

6. Identity Verification.

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a traveler or member through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity.

You agree to (I) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER APARTMENTS411 NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR HOMEAWAY ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH APARTMENTS411 AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

7. Limitations on Communications and Use of Other Users’ Information; No Spam.

You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking an online booking or charging a personal credit card). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.

In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.

8. Responsibility for Property Listings, Reviews and Other User contributed Content; Participation in Interactive Forums.

We have no duty to pre-screen content posted on the Site by members, RENTERS, ADVERTISERS or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user contributed content”). We are not responsible for user contributed content. “User contributed content” also includes information that a user or any other person provided to a third party website or mobile application which is then provided to our Site by a tool we offer.

We reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user contributed content that fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined in our consent. Finally, we reserve the right (but do not assume the obligation) to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements or to provide services to members to create or improve on listings, in accordance with information we have about the property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

At a minimum, user contributed content must:

not infringe anyone’s rights, violate the law or otherwise be inappropriate;

not include personal information that can be used to identify or contact any person;

not include promotional content that would promote other websites, businesses, services or products unaffiliated with this Site without our express permission;

not be obscene, abusive, discriminatory or illegal content; or

Not be false or misleading.

Property Listings: All property listings on the Site are the sole responsibility of the member (who may be the owner, director, regional, corporate affiliate or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member’s part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. We may from time to time provide or facilitate services to Members to create or improve the quality of their property listings. We also may from time to time create new or otherwise change, the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing. However, we assume no responsibility to verify property listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and renters and advertisers are solely responsible for verifying the accuracy of such content and descriptions.

Responsibility for All Other User Contributed Content: All other user contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third party website. Users are solely responsible for their user contributed content and we specifically disclaim all liability for user contributed content.

The user represents and warrants that the user owns or otherwise controls and have all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.

License and Rights Granted to Us: By submitting or authorizing user contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display the user contributed content that was displayed in such listing.

You further grant us and our affiliates the ability to copyright and protect the user contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.

You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business.

Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.

In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user contributed content by us or our affiliates.

Privacy Policy: We adhere to strong principles of privacy. You agree that we may access and use your user contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user contributed content in accordance with these Terms and our Privacy Policy.

9. Social Media or Third Party Websites.

If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a “Social Media Site”) and you decide to use such a tool or service, you acknowledge and agree that:

(I) The information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site;

(ii) The Social Media Content will be considered “user generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user generated content under these Terms;

(iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and

(iv) The operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.

10. Translations and Maps.

If any user contributed content created by members or users is translated for display on any Site or any site of any affiliate of Apartments411, we cannot guarantee the accuracy or quality of such translation and the member or user is solely responsible for the review, verification and accuracy of such translation. Unless we specify otherwise to the user or member, any translation services are offered by us free of charge.
Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.

11. Notification of Infringement; DMCA Policy.

We respect the intellectual property rights of others, and Apartmemts411 does not permit, condone, or tolerate the posting of any content on the Site that infringes any person’s copyright. Apartments411 will terminate, in appropriate circumstances, a member or traveler who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please email: Manager@apartments.com

12. Unsolicited Ideas and Feedback.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply.

The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Apartments411 without any compensation to you; (2) Apartments411 may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for to review any Apartments411 submission; and (4) there is no obligation to keep any submission confidential.

Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links under “General – Contact Us” below or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.

To provide feedback, you can contact us as provided under “Contact Us” below.

13. Software Available on the Site.

The Site is controlled and operated by Apartments411 or an affiliate of Apartments411 in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available any other site operated by Apartments411or an affiliate of Apartments411in the United States may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

All Software is the copyrighted work of, Apartments411 and affiliate of Apartments411 or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

14. Links to Third Party Sites.

This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

15. Limitation of Liability.

IN NO EVENT WILL, Apartments411 SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE Apartments411, LLC GROUP), OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE Apartments411, LLC GROUP) (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVE A COMMISSION OR FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE Apartments411, LLC GROUP TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

16. Disclaimers.

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.

YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

17. Release; Indemnification.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE HOMEAWAY GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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 HI S SETTLEMENT WITH THE DEBTOR.”

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE HOMEAWAY GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

18. Jurisdiction; Choice of Law and Forum; Time Limit.

THIS SITE IS OPERATED BY US IN THE UNITED STATES AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE.

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN HENRY COUNTY, GEORGIA WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN HENRY COUNTY, GEORGIA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.

19. Additional Terms and Conditions Applicable to Online Registration.

Use of Reservation Manager or other Tools We Offer Online Registration on our Sites. In addition to being bound by the other terms set forth herein, Users and Members who use or any other tool provided by us or an Online Registration third party provider on our Site enabling users to book and/or pay for the rental of properties online on one or more of our Sites are also bound by the following terms, which are in addition to any other terms applicable in connection with using our Site. We provide Booking Services to manage inquiries, quotes, rental agreements and allow for payments to be made relating to the rental. Please review the following terms and the terms and conditions of any third party provider carefully. If you do not agree to these or such third party provider’s terms, you have no right to obtain information from or otherwise continue using our Online Registration. Failure to use our in accordance Online Registration with the following terms of use may subject you to severe civil and criminal penalties. We reserve the right to modify the terms or policies relating to the site any time, Online Registration effective upon posting of an updated version of these terms on the Site. You are responsible for regularly reviewing these terms. By using our , you agree that Online Registration the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of   the after any such changes or after explicitly accepting the new terms upon logging into Online Registration the Site shall constitute your consent to such changes.

You hereby acknowledge and agree that (a) you are fully responsible for such terms and conditions, (b) any rental agreement used, whether a sample provided by the Site or a rental agreement copied and pasted in (or other Online Registration tool on the Site) by either party, is used solely at their own risk and expense, (c) nothing contained in the , this Agreement, Online Registration or any sample rental agreement is a substitute for the advice of an attorney, and (d) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules, features, etc.

Terms Applicable to Use of Listing Services or Third Party Online Listing Services.

Third Party Listing Services Software. There are some Members, typically property managers, who use software provided by third parties and such software (“Third Party Listing Services”) may be governed by terms provided by the third parties or Members making such Third Party Listing Services available. Users who use such Third Party Online Registration responsible for complying with such terms in addition to our Terms, including, but not limited to the following.

 

20. Responsibility for Property and Renter Liability. We do not provide an insurance protection for owners, property managers, or renters; regardless of whether a user obtains insurance coverage through one of our third party providers. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests; as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover structural, person properties, errors and omissions on the rental properties. Further, Members agree to provide us with copies of relevant proof of coverage upon request.

21. GENERAL

Contact Us: To contact us for any reason, users can go to:

registration@apartments411.com

Or * manager@apartments411.com

Apaartments411, LLC Corporate Sites: The following Sites are operated by the following Subsidiaries of Apartments411, LLC, and a Georgia corporation.
APARTMENTS411.COM, Apts411.com, eRenters411.com, and WelcomeHome411.com.

Your agreement to abide by these Terms, the Privacy Policy and any other terms posted on any Site, with respect to any Site you use, is between you and the entity listed above operating such Site.

No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to legal@apartments411.com or by postal mail to;

411 Post Master Drive, McDonough Georgia 30253.

When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 72 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.

Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.

This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (I) your sole remedy as a traveler, or any other user other than a member, is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.

We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service.

Subscription rates and fees (including any commissions) charged for any listing that is not subscription based (such as pay-per-listing or pay-per-lead or per contract terms) are set at the time of a user or member’s purchase of the subscription or renewal or sign up for the non-subscription based, listing, as applicable. Such rates and fees are subject to change without notice or approval. For subscription listings, the rates in effect at the time of the member’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order. The fees and commissions applicable to pay-per-listings offered on one or more Sites will be displayed under the “List Your Property” tab when such product is generally made available on a Site or shall be otherwise set forth in a communication between us and the member.

The types of products and services (including the features, terms and operation thereof) offered at the time of a member’s subscription or sign up for a non-subscription based listing are subject to the descriptions displayed at the time of use and/or purchase and are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. See also the section below relating to auto renewal of subscriptions.

Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

Entire Agreement, Conflict, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.

Additional Terms and Conditions Applicable to Our Members

In addition to being bound by the Terms set forth above, members who purchase subscriptions to advertise a property on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.

22. Member Eligibility; Accuracy of Information; Representations.

Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us as provided above under “General – Contact us” regarding any updates to any such contact information previously submitted by such member to the Site. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request. Each member further represents and covenants that: (I) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property as we may request.

23. Appearance in Search Results.

We cannot guarantee that your listing will appear in any specific order in search results on a Site and the order will fluctuate based on a variety of factors such as search parameters or other factors as we define from time to time, such as the quality of a listing, how frequently a calendar is updated, etc. Members who purchase the right to advertise their property within a certain tier, will have their properties appear within the tier they purchased, however the specific spot within the tier may also vary depending on a variety of factors. Listings placed on a non-subscription basis, such as pay-per-listing, may not always appear in search results in any particular tier or at all.

24. Content, Layout and Copy.

All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet these Terms and our Privacy Policy. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.

25. Photographs.

Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, copy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Privacy Policy Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.

By submitting a photograph to us, the member represents and warrants that (a) (I) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the Apaprtments411, LLC Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.

It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its listings. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.

Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the promotion of the Site.

26. Uses of Our Trademarks or Logos.

There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to Apartments411 or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say “Check out my vacation rental on Apartments411,” ” You may not use the name or one of our Apartments411 Affiliates’ names on any other website that lists rentals without our prior written authorization.
The name Apartments411 and logo and those of the Apartments411 Group and our affiliates are registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may email us at legal@apartments411.com.

27. Hypertext Links.

We reserve the right to refuse hypertext links to, or addresses of, other web sites from members’ pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.

28. Substitution of Properties; Advertising More Than One Property; Property Managers.

Each listing must relate to an individual and uniquely identified property, unless (I) you are a property manager who has signed up for one of our packages for members who are property managers or (ii) you otherwise purchased a listing package that expressly allows for substitution of properties. This means that:

(a) the property in a listing may not be substituted for another property without our consent. We may approve a request in our discretion if the property manager’s contract for the property was terminated and the member provides sufficient proof, as requested by us, and completes any additional request forms we may request. The term of the subscription for any substituted property shall be the same as the term of the originally listed property (i.e., the term will not be extended past the original term).

If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.

(b) The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.

(c) Members who manage twenty or more properties should contact Apartments411 for Property Managers at (404) 902-5111 to discuss the packages that may best suit their needs. All other subscription listing packages require one subscription per listing (one subscription per property). Contact manager@apartments411.com for additional information.

29. Unauthorized Payment Methods; Subscription Payments; Automatic Renewal of Subscription Payments.

Payments between members and renters: We are not a party to any payment transaction between members; this includes properties representatives and renters alike, even if we receive a commission in connection with any payment transaction. We assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.

Payments for subscriptions: Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.  Payments made with petty cash funds, should ALWAYS be accompanied with electronic receipt, witnessed by signature.

Automatic Renewal of Subscriptions. As of:

For any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate.
If you do not turn off auto-renewal and you continue to use our subscription service, you re-affirm and authorize us to charge your credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate for the same product or service.

If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same of the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.

Non-Subscription Listings: If a Site enables you to list your property on a basis other than by subscription, you agree to pay us compensation as described to you in the sign up process for each rental of the property displayed in such listing, which terms may be updated by us from time to time without notice by us displaying the terms on the Site on which you signed up for the listing. The sign up process and additional notices you may receive from us may also provide additional terms and conditions for such listings.

30. Subscription Term, Refund Requests and Termination or Transfer of Listings.

Subscription Term: All subscription listings are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full or initial (as applicable) payment and expires on the last date of the term chosen by the member. For example, for an annual subscription term, if the member submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year.

Refund Requests: Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request to the address listed under “General – Contact Us” above and include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.

Refund Requests for Subscription Listings Not Completed: In the event you purchase a subscription for a listing but do not complete the creation of the listing or the listing does not get posted after purchase for any other reason, refund requests will be considered only during the first three (3) months following the purchase date. If within such three (3) month period you do not complete the creation of your listing as we may require to display such listing on the Site (I) you shall not be entitled to any refund and (ii) your subscription will expire no more than 15 months from the purchase date of the subscription regardless of the listing posting date.

If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.

Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the member’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s listing(s) or subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of the Apartments411, LLC, we reserve the right to terminate such member’s listing(s) or subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us or any of our third party providers then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.

Transfer of Listing to a Third Party: No listing may be transferred to another party. In the event of a property sale, Apartments411 will provide guidance to both seller and buyer regarding options for creating a new listing.

31. Additional Terms Applicable to Pay-Per-Listings.

When available, pay-per-listings may be agreed to by property owners and managers approved for an online payments account. Such accounts are subject to the additional terms, conditions and requirements set forth during the sign up for such an account, including those of our third party providers. Online listing and payments is required for all pay-per- listings. Online payments are provided by third party providers and are subject to the terms and conditions and privacy policies of such providers.

Pay-per-listings may be converted to subscription listings at any time, however any bookings already made shall remain subject to applicable pay-per-listing fees and commissions.

Cancellation policies are required for all pay-per-listings, and requirements for such cancellation policies shall be displayed through the “List Your Property tab of the Site offering the pay-per-listing.

 

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Privacy

Usage Terms

Access to and use of this Website is subject to compliance with this Website’s Terms and Conditions; read below. We are serious about protecting the privacy of our users. This Privacy Policy describes how we use and protect your personal data. The terms “users” or “you” as used in this Privacy Policy, refer to apartment shoppers, who use the Site to look for properties to rent, members who list their properties for rent on the Site and other users who use software or other tools or services we provide on a Site. It also applies to other visitors to our site – for example our investors and advertisers.

Our Commitment to Security

We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally identifiable information you have provided or that we otherwise collect on our Website. HOWEVER, WHILE SUCH EFFORTS ARE INTENDED TO ENSURE THE CONFIDENTIALITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE TO US AS A RESULT OF YOUR USE OF OUR WEBSITE, WE CANNOT AND DO NOT WARRANT OR GUARANTEE THE ABSOLUTE SAFETY AND SECURITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

  • We work to protect the security of your personally identifiable information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. To assist in keeping your personally identifiable information safe, you must use an SSL-enabled browser (i.e., Internet Explorer).
  • It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure Web browser.

Privacy Policy

Your privacy is very important to us and we take it seriously. To better protect your privacy, Apartments411, LLC and/or our applicable subsidiaries and/or affiliate sites (Apartments411, Apts411, eRentals411, WelcomeHome411., “com”, “net”, “org”, “info”, and all other sub domains) provides this Privacy Policy, which explains our online information practices and the choices you can make about the way in which your information is collected and used on this website or any other website operated by us where this policy appears or is otherwise accessible by you (for instance, via links from the website). Some of our Websites may also be governed by separate or additional private policies. Please see our Terms and Conditions for additional information applicable to your use of our Website. By providing us with personally identifiable information, you expressly consent to our collection, storage, use and disclosure of your personally identifiable information as described in this Privacy Policy.

The Information We Collect

You do not have to give us personally identifiable information in order to access and browse our Website. However, while on our Website, you may be able to search, buy, order or bid on products, enter promotions, sweepstakes or other contests, participate in a survey, complete a questionnaire or other “information request” form, or otherwise subscribe to one of our services such as our online newsletters, participate in one of our online forums/communities, express an opinion or communicate with our customer service. In order to utilize, participate in or otherwise access such products, services or other offerings, you may be required to provide us with your personally identifiable information, which is information that, alone or in combination with other information, allows us to indentify you, such as your name, address, phone number, e mail address, contact preferences, credit card information, financial information or information relating to a support or service issue. If you provide us with your personally identifiable information, you are giving us permission to use that information for the specific purpose for which it is provided and for any other purpose described in this Privacy Policy. Users unwilling to provide personally identifiable information online can choose not to provide such information, and in some (but not all) situations users may be able to work with a sales representative or customer service representative to utilize our services or other site offerings without providing personally identifiable information.

We also may collect, store and use certain non-personally identifiable information we receive when you visit our Website, and we may aggregate data and information provided by or collected from multiple users (which may include you) in a manner that is not personally identifiable to any individual user. All non-personally identifiable information collected by us on our Website and all aggregated/compilations of data we create are the exclusive property of Apartments411, LLC.  Nothing in this Privacy Policy limits our right to use any such non-personally identifiable or aggregated information in any way (including, but not limited to, monitoring user traffic patterns, analyzing and quantifying user preferences, improving the design and content of our Website, and enabling us to personalize your user experience) or prohibits us from sharing non-personally identifiable or aggregated information with third parties.

How We Use the Information

Information about our customers is an important part of our business, and we share personally identifiable information collected on our Website with unaffiliated third parties only as described below.

Business Providers; Unaffiliated Businesses: At times, we may provide products, services or offerings on our Website in cooperation with an unaffiliated third party. We may share personally identifiable information that you provide in connection with any such products, services or offerings with an unaffiliated third party involved in your particular product, service or offering. For instance, when you express interest in products, services, promotions, contests or sweepstakes that we offer (for example, by completing a request for or information regarding such services or completing an entry form for a promotion), we will share your request or expression of interest with the businesses with which we partner to offer you those products, services, promotions, contests and sweepstakes and, as applicable, with their affiliates and third party finder or marketing companies (collectively, “Business Providers”). By electing to participate or otherwise expressing interest in any such product, service or offering conducted in conjunction with any Business Provider, you expressly authorize us to provide your personally identifiable information to those Business Providers. Please be aware the Business Providers with whom we share your personally identifiable information may retain or use your information whether or not you use their services, and the privacy and information sharing practices of such Business Providers may differ from those described in this Privacy Policy. Additionally, we may share personally identifiable information with unaffiliated third parties to whom you explicitly ask us to send your information. If you prefer not to be contacted by any such Business Provider or other third party with whom we share your personally identifiable information, you may follow the “unsubscribe” instructions provided in any email you receive from any such third party.

Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. In connection with their performance of functions on our behalf, we may share personally identifiable information with such companies and individuals as needed for them to perform their functions, but we do not permit such entities and individuals to use personally identifiable information for other purposes.

Third Party Promotions: We may send offers to selected groups of customers on behalf of unaffiliated businesses that want to market their products or services to you, and as part of these promotional offers we may sell or disclose certain of your personally identifiable information to such unaffiliated businesses. If you prefer not to be contacted by any such business with whom we share your personally identifiable information, you may follow the “unsubscribe” instructions provided in any email you receive from any such third party.

In-House Promotions: We may on occasion combine information we receive online with outside records to enhance our ability to market our products and services that may be of interest to you. If you have signed up to receive our e-mails and prefer not to receive marketing information from our Website, please follow the “unsubscribe” instructions provided on any marketing e-mail you receive from our Website or by following the ‘Unsubscribe Requests’.

Business Transfers: As our businesses continue to evolve, we might sell one or more of our companies, subsidiaries or business units. In such transactions, personally identifiable information generally is one of the transferred business assets. In such event, this Privacy Policy may be amended as set forth below or the collection and uses of your personally identifiable information may be governed by a different privacy policy.

Protection of Our Website and Others: We reserve the right to release personally identifiable information to unaffiliated third parties when we believe its release is appropriate to comply with the law, enforce or apply our Terms and Conditions and other agreements, or protect the rights, property or safety of Apartments411, our users or others. This includes exchanging information with other unaffiliated third parties in connection with fraud protection and credit risk reduction.

With Your Consent: Other than as set out above, you will receive notice and have the opportunity to withhold consent when personally identifiable information about you might be shared with unaffiliated third parties.

How we use your personal data
Our primary purpose in collecting your personal data is to provide you with the services you request and those which we believe will optimize your use of the Site. You agree that we may use your personal data for the following purposes:
• For the services or to support your request;
• To contact you from time to time with user or service updates;
• To send other messages that help us provide our services on the Site;
• To assist people you have done (or have agreed to do) business with. For example if you are an owner and a traveler who has booked or inquired with you needs your details we may pass them on; if you are a traveler and an owner you have booked with needs to contact you we may give them your details;
• To customize, measure, report on and improve our services, content and advertising;
• To promote services related to the Site or those of our group and/or our affiliates;
• To compare information for accuracy, and verify it with third parties;
• To prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful and
• To enforce our Privacy Policy and/or our Terms or any other purpose referenced herein or therein.
We collate statistics about site traffic, sales and other commercial information which we pass onto third parties to assist us in improving the services we provide to you. We also use demographic information to tailor the Site and we share that information with third parties so that they can build up a better picture of our customer base and general consumer trends.
If you are a member, we will also be able to contact you about your account and your use of our services.

How We May Disclose Your Personal Data
We may disclose your personal data to enforce our policies, or where we are permitted to do so by applicable law, such as in response to a request by a law enforcement or governmental authority, or in connection with actual or proposed litigation, or to protect our property, people and other rights or interests.

We may also share your personal data with:
• One of our partners if you’ve requested their services or if you’ve requested to be provided with information by them;
• Another member if you have done business with them;
• A third party performing services on our behalf;
• Companies in the group and/or affiliates; or
• Other companies or business entities, for example if we are thinking of a merger with or sale to that company or business entity;
• Other companies we work with to feature all or part of our member’s property listings or otherwise provide promotional or other services related to our or group’s business. This might include featuring your listings and photographs on other websites;
• Any third party you have asked us to share your personal data with – such as Facebook if you have asked us to connect with your Facebook account; or
• Any legal or governmental entity pursuant to a subpoena or other legal request.

You may have accessed our website through a hyperlink from the website of one of our trading partners. If so, you consent to your personal details and purchase information, including behavioral patterns, being shared with that trading partner in accordance with our contractual relationship with them.

Newsletters
If you sign up as a member on the Site, you will receive our newsletter, which is an integral part of the services we provide. Traveler users of the Site will be given the option to receive our newsletter when they register with us. We may offer different newsletters from time to time intended to enhance the services we or they offer. Users may cancel their subscription to these newsletters at any time, although it may take a short while for the changes in your preferences to become effective.

Surveys
We also use surveys to collect information about our users. From time to time, we request users’ input in order to evaluate potential features and services. The decision to answer a survey is completely yours. We use information gathered from surveys to improve our services.

Mobile Applications

When you download or use apps relating to our websites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

Telephone Calls
As well as collecting data online and from correspondence we may also speak with you face to face (for example at an Owner’s meeting) or by telephone. We frequently record telephone conversations. Those recordings are also governed by this Privacy Policy and we keep this data in the same way that we keep other data. Recordings of calls may also be transferred to locations or processed worldwide.

Options Regarding Personally Identifiable Information

Except where we believe the release of your personally identifiable information is necessary or appropriate (a) to allow third party service provider functions on our behalf or (b) to comply with law, enforce or apply our Terms and Conditions and other agreements, or protect the rights, property or safety of Apartments411, LLC and affiliates, our users or others, you may opt out of our sharing of your personally identifiable information with unaffiliated third parties.

We use third-party advertising companies to provide advertisements to you when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to show you advertisements tailored to your interests on this and other websites and other interactive media and/or to keep track of your response to each ad. For more information on this practice, or to opt out of having this information used by these companies, please contact email: Manager@apartments411.com for more information.

Cookies and Web Beacons

To enhance your experience with our Website, many of our Web pages use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or reveal other personally identifiable information unless you choose to provide this information to us by, for example, registering at our Website. However, once you choose to furnish our Website with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand site usage and to improve the content and offerings on our Website. For example, we may use cookies to personalize your experience at our Website (e.g., to recognize you by name when you return to our Website), save your password in password-protected areas and enable you to use shopping carts on our Website. We also may use cookies to offer you products, programs or services.

Code placed on a Web page to monitor behavior and collect data about the visitors viewing a Web page. For example, Web beacons (codes) or similar technology can be used to count the users who visit a website or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons (codes) or similar technology on our website from time to time for this and other purposes.

Collection of Information by Third-Party Sites, Ad Servers and Sponsors

Our Website may contain links to other websites whose information practices may be different than ours. While visiting our Website, you may link to a third party’s website via a window opened within (or on top of) our Website. Our Privacy Policy and procedures may or may not be consistent with the policies and procedures of such third party websites, and when you visit such websites our Privacy Policy does not apply to personally identifiable information and other data collected by such third party. You should consult, read and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such linked websites.

Our Website may also use a third party ad server to present the advertisements that you may see on our Website. These third party ad servers may use cookies, code technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy..

How You Can Access or Correct Information

You may obtain information regarding the personally identifiable information that you provide or we collect about you via our website for the limited purpose of viewing and correcting any factual errors in such information. For example, if you created a password-protected account within our Website(s), you may return to that portion of the Website to review the personally identifiable information you provided. Alternatively, you may send an e-mail or letter to the following e-mail or street address requesting information about or corrections to your personally identifiable information to; Apartments411.com by phone: 404-902-5111 or mail: 411 Postmaster Drive, McDonough Georgia 30253, or email: Manager@apartments411.com, subject to appropriate verification procedures. To protect your privacy and security, we will take what we believe are reasonable steps to help verify your identity before providing personally identifiable information, granting access or making corrections.

Safe Harbor

We comply with the US Department of Commerce’s Safe Harbor scheme to cover the transfer of data to the US from the European Union and Switzerland. Apartments411,LLC has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about this scheme and see the information we have filed with the Department of Commerce here: http://export.gov/safeharbor/

Unsubscribe Requests

To unsubscribe from email communications from us, please enter your email address and select the subject line STOP.  We will remove you from our systems upon receipt of the email: Manager@apartments411.com.

 

Special Note for Parents

This Website you are visiting is a general audience website and was not designed for children. We are not responsible for any access or use of this Website by children. If you are under 18, you may use our Website only with the involvement and permission of a parent or guardian.

Phishing or False emails

If you receive an unsolicited email that appears to be from us or one of our members that requests personal information (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information in an email. Do not provide the information or click on the link. Please contact us by Email: Manager@apartments411.com, if you get an email like this.

Disclaimer

As noted in this Privacy Policy, we take our commitment to protection of your privacy seriously. However, NOTHING IN THIS PRIVACY POLICY IS INTENDED TO CREATE OR PROVIDE ANY RIGHT OF ACTION FOR VIOLATION.  We deem all information reliable until notified in writing.  We will not be responsible for inaccurate information listed therein.

How to Contact Us

If you have any questions or concerns about the online Privacy Policy for this Website or its implementation, you may contact the Apartments411.com by phone: 404-902-5111 or mail: 411 Postmaster Drive, McDonough Georgia 30253, or email: Manager@apartments411.com for information.

Updates and Effective Date

We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated. We have no duty or obligation to inform prior visitors that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this policy so that you always will know what information we collect, how we use it and to whom we disclose it. Your continued use of the Website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. POLICY LAST UPDATED April 14, 2014. You should therefore return here regularly to view our most up to date Privacy Policy. You should also print a copy for your records.