Table of Contents
- Membership and Subscription
- Content Guidelines/Prohibited Use
- Links to Third-Party Sites
- Disclaimer and Limitation of Liability
- Privacy and Communications to the Sites
- Profile Sharing Opt-Out
- Representations and Warranties
- Governing Law, Jurisdiction, and Dispute Resolution
- Changes to the Services and the Site
- Unlawful Contact
About Our Site:
Cloud9 Group and its affiliates, successors, parents, subsidiaries, assigns,
licensees, and designates (collectively and individually "Cloud9 Group" )
provide you access to the ApartmentSource.com web site (the "Site" ) subject
). ApartmentSource offers certain services via the Site, including, without limitation,
roommate matching services (the "Services" ). You agree to read the Terms
of Use carefully before using the Site or the Services. By using the Site and the
1. MEMBERSHIP & SUBSCRIPTION
You may become a Member of ApartmentSource at no cost. For purposes of this Agreement
the term “Member or Membership” includes all paying Subscribers, unless
where its usage indicates otherwise. As a Member, you will have the ability to participate
in some, but not all, of the features and services available within the Service.
In order to access all features and services, you must become a paying Subscriber
to the service. Please see Subscribe for a description of the current subscription
plans and their prices.
This Agreement will remain in full force and effect while you use the website ApartmentSource.com
and/or are a Member. You may terminate your Membership and/or Subscription at any
time, for any reason, by following the instructions on the Cancel Billing link on
the Edit Your Profile page. If you terminate your Subscription, your Membership
will remain active until the end of your Subscription term.
ApartmentSource.com may terminate your Membership and/or Subscription by sending notice
to you at the email address you provide. If ApartmentSource.com terminates your Membership
or Subscription in the Service because you have breached this Agreement, you will
not be entitled to any refund of unused Subscription fees. All decisions regarding
the termination of accounts shall be made in the sole discretion of ApartmentSource.com.
ApartmentSource.com is not required to provide you notice prior to terminating your
Membership and/or Subscription. ApartmentSource.com is not required, and may be prohibited,
from disclosing a reason for the termination of your account. Even after your Membership
or Subscription is terminated, this Agreement will remain in effect. All terms that
by their nature may survive termination of this Agreement shall be deemed to survive
such termination. From time to time, ApartmentSource.com may remove the profiles of
3. Charges on Your Billing Account.
ApartmentSource.com bills you through an online account for use of the service. You
agree to pay ApartmentSource.com all charges at the prices then in effect for any
use of the service by you or other persons (including your agents), and you authorize
ApartmentSource.com to charge your chosen payment provider (your "Payment Method")
for the Service. You agree to make payment using that selected Payment Method. ApartmentSource.com
reserves the right to correct any errors or mistakes that it makes even if it has
already requested or received payment.
One Day Trial. If you have Subscribed to a One Day Trial, your Membership will be
automatically upgraded to a full Platinum Membership (please see Subscribe for a
description of the current Subscription plans) unless you cancel your upgrade within
twenty-four (24) hours of Subscribing to the One Day Trial. To cancel the upgrade
and avoid being charged a full Platinum Membership Subscription fee, please refer
to Cancel Billing.
Continuous Service/Recurring Membership Fees. Upon Subscribing, you have the option
of selecting a Membership plan that consists of an initial period, for which there
is a one time charge, followed by recurring period charges as agreed to by you.
By entering into this Agreement, you acknowledge that your Subscription has an initial
and recurring payment feature and you accept responsibility for all recurring charges
prior to cancellation. ApartmentSource.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY)
WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED
IN WRITING UPON REQUEST BY ApartmentSource.COM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION
OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE ApartmentSource.COM REASONABLY COULD ACT. To cancel your recurring Membership,
please refer to Cancel Billing. Recurring Membership rates apply to credit/debit
card payments and Electronic Fund Transfer payments. All amounts are billed in U.S.
dollars at the beginning of each renewal period and will appear on your credit card
statement as ApartmentSource.com or Cloud9 Group.
Cancel Billing. To cancel the upgrade of your One Day Trial to full Platinum Membership
(please see Subscribe for a description of the current Subscription plans) or to
cancel your recurring Membership at any time, please go to Edit Your Profile and
select Cancel Billing. If you cancel your upgrade or renewal, you will still enjoy
all your Membership benefits until the end of your paid term; your trial will not
be upgraded or your Membership will not be renewed after your term expires. Please
remember that by canceling your upgrade or renewal, you will not be eligible for
any refund of fees you have already paid for your current trial or Membership.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION
FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR
BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS,
CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY
ApartmentSource.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR
IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN
BE MADE ON EDIT YOUR PROFILE PAGE. IF YOU FAIL TO PROVIDE ApartmentSource.COM ANY
OF THE FOREGOING INFORMATION, YOU AGREE THAT ApartmentSource.COM MAY CONTINUE CHARGING
YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED
YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY ApartmentSource.COM).
Payment Method. The terms of your payment will be based on your Payment Method and
may be determined by agreements between you and the financial institution, credit
card issuer or other provider of your chosen Payment Method (the "Payment Method
Provider"). If ApartmentSource.com does not receive payment from your Payment
Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Change in Amount Authorized. If the amount to be charged to your billing account
varies from the amount you preauthorized (other than due to the imposition or change
in the amount of state sales taxes), you have the right to receive, and ApartmentSource.com
shall provide, notice of the amount to be charged and the date of the charge at
least 10 days before the scheduled date of the transaction. Any agreement you have
with your payment method provider will govern your use of your payment method. You
agree that ApartmentSource.com may accumulate charges incurred and submit them as
one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization. Your non-termination or continued use of the service
reaffirms that ApartmentSource.com is authorized to charge your payment method. ApartmentSource.com
may submit those charges for payment and you will be responsible for such charges.
This does not waive ApartmentSource.com's right to seek payment directly from you.
Your charges may be payable in advance, in arrears, per usage, or as otherwise described
when you initially Subscribed to the service.
2. CONTENT GUIDELINES/PROHIBITED USE
ApartmentSource.com web sites include a number of communication facilities designed
to enable you to share your thoughts and opinions with other members of the public
your publicly posted information. Since ApartmentSource.com firmly believes in the
value of free and open exchanges, it makes no effort and is under no obligation
to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore,
ApartmentSource.com cannot be responsible for the appropriateness, accuracy, sufficiency,
correctness, veracity, completeness, or timeliness of such thoughts and opinions.
Always use caution when posting any personally identifying information about yourself
or your children on any of the ApartmentSource.com web sites.
You promise that you will not use the ApartmentSource.com web sites to:
- post, upload or otherwise transmit any content not related to appropriate subject
- post, upload or otherwise transmit any content which is misleading to others,
- post, upload or otherwise transmit any content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- violates the privacy of individuals, including other users of the sites;
- post, upload or otherwise transmit any content that you do not have a right to
post and transmit under any law or under contractual relationships;
- is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
- contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling
devices or other harmful component intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
- infringes upon the copyright, patent, trademark, trade secret, publicity right
or other intellectual property or proprietary right of any third party;
- advocates or encourages any illegal activity; or
- intentionally or unintentionally violate any applicable local, state, national
or international law, or any regulations having the force of law, including the
Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities
Act, and the Equal Credit Opportunity Act.
Cloud9 Group in its sole discretion shall determine your compliance with the foregoing
guidelines and reserves the right to delete from the sites without prior notice
any material that it deems to be non-complying or otherwise objectionable for any
reason. Cloud9 Group may take any action with respect to the Material if Cloud9 Group believes,
in its sole discretion, that the Material may create liability for itself or any
third parties or may cause Cloud9 Group to lose (in whole or in part) the services of
its ISPs, vendors or advertisers.
By posting content to the ApartmentSource.com Web Sites, you grant ApartmentSource.com
a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit,
combine with information provided by third parties, and publicly display such content
on and through web sites controlled by ApartmentSource.com, including but not limited
to the ApartmentSource.com Web Sites, and co-branded or mirrored versions of such
sites, and in ApartmentSource.com 's promotional or advertising materials, and (ii)
sublicense to third parties such content to the extent necessary for the creation
and maintenance of, in part or in whole, such sites.
You acknowledge that while ApartmentSource.com does not pre-screen content posted
by you to the ApartmentSource.com web sites, ApartmentSource.com and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or remove
any content that is posted by you or any other party to the ApartmentSource.com web
sites. Without limiting the foregoing, ApartmentSource.com and its designees shall
have the right to remove any content that violates this Agreement or is otherwise
objectionable, and to terminate your access to any or all of the ApartmentSource.com
web sites at any time without notice for any reason whatsoever. You agree that you
must evaluate, and bear all risks associated with, the use of any content you post
to the ApartmentSource.com Web Sites, including any reliance on the accuracy, completeness,
or usefulness of such content.
Other Restrictions on Use. You shall comply with all laws and regulations applicable
to your use of the Services, the Sites, and the Material. You are not permitted
to use Cloud9 Group's name, URL, trademarks or other material in any manner, including,
without limitation, in connection with "spam" email messages or newsgroup
generally understood among Internet users, and includes without limitation unsolicited
electronic mail advertisements. You may not impose an unreasonable or disproportionately
large load (as determined by us in light of the load imposed by other users generally)
on Cloud9 Group's infrastructure. You may not use any "bot" or other automated
repetitive or iterative mechanism or the like to gain any sort of benefit from ApartmentSource
or any of its business affiliates.
A $20,000 advertising surcharge will be billed to any individual or roommate service
provider; including but not limited to employees, affiliates, consultants or partners
of roommate service providers that subscribes to, lists or references a competing
roommate service provider in their profile on ApartmentSource.com or any of its affiliates
without prior written approval from ApartmentSource.com.
ApartmentSource.com reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or governmental
By posting, uploading, inputting, providing or submitting content to the ApartmentSource.com
web sites, you warrant and represent that you own or otherwise control all of the
rights to such content including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit such content.
3. LINKS TO THIRD PARTY SITES
Any third-party sites to which the Sites may link are not under Cloud9 Group's control,
and Cloud9 Group does not assume any responsibility or liability for any information,
content, communications or materials available on such third-party sites. Absent
express language to the contrary, Cloud9 Group does not intend links contained on the
Sites to be referrals to, or endorsements of, the linked third-party sites or the
entities that operate them, and such links are provided for convenience only.
4. DISCLAIMER & LIMITATION OF LIABILITY
THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE
AT THE SITES (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS",
AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. CLOUD9 GROUP MAKES NO WARRANTY, REPRESENTATION
OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF
THE SITES OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY
REASON. CLOUD9 GROUP MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITES,
THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE
OR THAT ANY DEFECTS CAN BE CORRECTED. CLOUD9 GROUP DOES NOT SCREEN OR ENDORSE ANY ROOMMATES
WHO LIST ON THE SITES, AND MAKES NO REPRESENTATIONS AS TO INDIVIDUAL CHARACTER,
CREDIT WORTHINESS, RENTAL HISTORY OR ABILITY TO PAY RENT, OR CONTENT OF LISTINGS
POSTED ON THE SITES BY INDIVIDUALS SEEKING ROOMMATES. NO ONE IS UNDER ANY OBLIGATION
TO USE THIS SERVICE AS A ROOMMATE, AND CLOUD9 GROUP CANNOT BE HELD RESPONSIBLE FOR ANY
EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES. IT IS EACH USER'S RESPONSIBILITY
TO DETERMINE THE CHARACTER AND ACCEPTABILITY OF ANY PROSPECTIVE ROOMMATE, OFFICE
MATE OR TENANT. CLOUD9 GROUP IS NOT AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES
ARISING OUT OF CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES. ALL INFORMATION
IS SUBMITTED VOLUNTARILY AND THIS INFORMATION WILL BE MADE AVAILABLE TO THE PUBLIC.
ALL RISKS FOR MAKING THIS INFORMATION AVAILABLE WILL BE BORNE BY YOU, THE USER.
IF A DISPUTE SHOULD ARISE BETWEEN YOURSELF AND ANOTHER USER YOU RELEASE CLOUD9 GROUP
FROM ANY CLAIMS OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, KNOWN OR UNKNOWN,
SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING FROM SUCH A DISPUTE.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 5, CLOUD9 GROUP SHALL HAVE
NO LIABILITY FOR:
-any loss or injury caused, in whole or in part, by its actions, omissions, or negligence,
or for contingencies beyond its control, in procuring, compiling, or delivering
the Information, the Sites or the Services;
-any errors, omissions, or inaccuracies in the Information regardless of how caused,
or delays or interruptions in delivery of the Information;
-any decision made or action taken or not taken in reliance upon the Information
-any losses or damages whatsoever, whether in contract, tort or otherwise, from
the use of, or reliance on, the Information, or from the use by you of the Internet
-any special or consequential damages that are directly or indirectly related to
the use of, or the inability to use, the Services or the Sites, even if Cloud9 Group
has been advised of the possibility of such damages; or
-any lost profits or special, incidental or consequential damages (no matter how
they might arise, including from Cloud9 Group's negligence) arising out of or in connection
total liability to you is limited to $100. Some states do not allow the foregoing
limitations of liability, so they may not apply to you. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer may not apply
to you. This warranty gives you specific legal rights and you also may have other
legal rights which vary from state to state.
5. PRIVACY & COMMUNICATION TO THE SITES
Any communication, information or other material you transmit or post to the Sites,
by electronic mail or otherwise (other than personally identifiable information
about you), including any answers to questions, comments, suggestions, or other
data supplied by you is, and will be treated as, non-confidential and non-proprietary.
You hereby grant to Cloud9 Group a non-exclusive, worldwide, perpetual fully paid-up
license to use any such communication, information or material for any purpose,
including, but not limited to, reproduction, disclosure, transmission, publication,
distribution, advertising, marketing, promotion, research, broadcast, display, modification,
syndication, licensing and posting. Cloud9 Group's use of personally identifiable information,
consent to disclosures of such personally identifiable and other personal information
to third parties, and to Cloud9 Group's use of your information, as enumerated in Cloud9 Group's
regularly for updates.
6. PROFILE SHARING OPT-OUT
In an effort to bring you the largest roommate selection, ApartmentSource will share
your profile with select roommate affiliates. Partner sites may post your ApartmentSource
profile in order to further advertise your listing. No contact or billing information
is ever shared.
Yes, select affiliates may post this profile.
7. REPRESENTATIONS & WARRANTIES
You represent and warrant that:
-all factual assertions that you have made and will make to Cloud9 Group are true and
-you are of the age of majority, have the right to enter into legally binding agreements,
Cloud9 Group reserves the right to terminate this Agreement immediately and without
notice for any or no cause, at any time. Without limiting the preceding sentence,
Cloud9 Group may terminate your use of the Services or access to the Sites immediately
property rights of a third party in connection with the Services; (c) Cloud9 Group is
unable to verify or authenticate any information you provide to it, or (d) any material
uploaded or transmitted by you to the Sites violates any applicable laws or rights
of any third party.
9. GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION
of the State of New York, without regard to conflict of laws principles. You and
Cloud9 Group agree that any and all disputes arising out of or related to the Terms
of Use shall be subject to the exclusive jurisdiction and venue of the state and
federal courts located in New York County.
10. CHANGES TO THE SERVICES & THE SITES
Cloud9 Group reserves the right to change, suspend or discontinue any aspect of the
services or the Sites at any time, including the availability of any features, databases
or content. Cloud9 Group will attempt to provide reasonable notice of such changes to
the Services or the Sites. Cloud9 Group may also impose limits on features or restrict
access to parts of the Sites.
12. UNLAWFUL CONTACT
Notifications of any unlawful conduct, including, without limitation, copyright
or other intellectual property infringement should be sent to Cloud9 Group's Designated
Agent listed below.
at law for money damages, if any. In no event shall you be entitled to injunctive
or other equitable relief based on any act or omission of Cloud9 Group, or any breach
of you and Cloud9 Group with respect to the subject matter hereof. There are no understandings,
agreements, conditions or representations, oral or written, express or implied,
with reference to the subject matter hereof that are not merged herein, expressly
shall be construed as creating any agency, partnership, joint venture or other form
are independent of each other and the invalidity of any provision or a portion thereof
shall not affect the validity or enforceability of any other provision. In the event
that any particular provision is found to be invalid or unenforceable, such provision
shall be deemed to have been replaced
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