Apartable is a real estate information service operated by Apartable, Inc. that connects renters, landlords, real estate brokers, leasing agents and information seekers. Apartable and its subsidiaries and affiliates (collectively, "Apartable") provide you with access to a variety of services, including the apartable.com website and Apartable's mobile applications (collectively, the "Services"). Access to and use of Apartable's Services is governed by these Terms of Use.

You are allowed to use our Services only if you can form a binding contract with us, and only in compliance with our Terms of Use and all applicable laws.

The following terms and conditions apply to everyone who uses Apartable's Services (including real estate professionals), and they govern the relationship between Apartable and our users during their use of Apartable's Services.

Please read these Terms carefully before using our Services. By accessing and using our Services, you explicitly agree to comply with and be bound by our Terms of Use.

Services We Provide

Apartable provides rental housing search services and other content, products, and services available on the apartable.com Site and Apartable mobile applications. The Services may sometimes be located on third-party Web sites or applications, either as links from an input-group-addon service to, or otherwise in connection with, Web sites or applications that those third parties control. Our Services also include paid products and services. By purchasing or using our paid products and services, you agree to our Subscription Terms and Conditions.

Apartable does not provide real estate brokerage services, and your use of the Services does not create an agency relationship between You and Apartable.

Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

The information we collect from users of our Services, including during the registration process for our users (including real estate professionals) is detailed in our Privacy Policy. When you create an account, you must provide us with accurate and up-to-date information, for which you are solely responsible.

Security

While We work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.

By using certain of our Services, you agree that Apartable may create a user account for you on our services. You can learn about our policies for data collected via user accounts in our Privacy Policy. You may delete your user account at any time. By using our Services and providing us with your email address, you agree that we can send you emails about our Services. You can unsubscribe from these emails by clicking the link at the bottom of all such emails, or by contacting support.

Data Privacy

Our Privacy Policy and governs our collection, use, and disclosure of your personal information, is incorporated into this Terms of Use. It describes what information we collect from you and when, how and why we may create an account for you, who we share your information with and when and how you can opt-out or delete your account. This is important information. By using our Services, you consent to our Privacy Policy.

User Content

You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (collectively "User Content") that you post, submit, publish, display or link to through the Services or send to other Apartable users. At all times, you promise to abide by these Terms of Use.

Apartable does not approve, control, or endorse your or anyone else's User Content, and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

The Services may provide phone numbers that can connect you with Apartable, its service providers, or other third parties, such as real estate agents and property managers. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Apartable or through a Calling Service, you consent to such recording and monitoring. Apartable will treat recorded calls in accordance with its Privacy Policy.

You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.

You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.

License

You Grant Apartable a License to Use Your Content: When you submit User Content via our Services, you grant Apartable a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content which you submit or post on or through the Services. We will not pay you or otherwise compensate you for content you provide to us.

You understand and agree that any User Content that you post or submit to Apartable may be redistributed through the Internet and other media channels, and may be viewed by the general public.

We reserve the right in our sole discretion to edit or remove information or materials provided by you.

Real Estate Professionals

If you are a real estate professional, you agree that you will not submit listings that do not belong to you. You agree to provide accurate, complete, current, and truthful information when you add or edit information about your listings, or otherwise provide content via the Services.

You agree that you will not use any information about Apartable users that is transferred to you during your use of Apartable's Site or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.

Intellectual Property and Licenses

Apartable Grants You a Limited License to Our Services: Subject to these Terms of Use and any other policies we create, we grant you a limited, non-sublicensable right to access this Site, use our Services, and print the Materials for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Site, Services, or Materials; or frame any part of our Site or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site or Services, and to block or prevent future access to and use of the Site or Services.

Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Site or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

All materials in Apartable's Site and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of Apartable, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "Apartable" or any other name, trademark, or product name of Apartable without our permission.

Subscriptions & Payment

The initial term of the Subscription (the "Subscription Term"), benefits, as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth in described in the receipt when you complete your purchase. Subscriptions will automatically renew for additional renewal periods (as detailed in your order), at Apartable's then current fees for the Services ordered unless you request cancellation at least one (1) day prior to the renewal date. You may review your Subscription information in your account’s “Payments” area. Subscription Fees and charges and other terms and conditions applicable to the Services are subject to change by Apartable at any time by posting such revisions on the Site and/or sending through email notifications to your account's email address. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in full and that all Subscription Fees are non-refundable. You must provide Apartable with a valid credit card, and you authorize Apartable to automatically charge the Subscription Fees in advance or as otherwise indicated in your order for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, Apartable may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) Apartable incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Apartable. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. Nothing in these Subscription Terms obligates Apartable to extend credit to any party.

Listings Data

By submitting information, pictures, and other content about properties that You have listed for rent or sale ("Data") to the Services, You grant Apartable a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content or Listings which you submit or post on or through the Services or any of our authorized licensees. We will not pay you or otherwise compensate you for content you provide to us. After a listing terminates, Apartable will retain the corresponding Data. Apartable may also create derivative works that do not include the Data in identifiable form, such as aggregate reports and statistics.

Third-Party Links, Sites, and Services

Our Site and Services may contain links to third-party Web sites, advertisements, services, special offers, or other events, activities, or content (collectively “Third-Party Materials”). These Third-Party Materials are not under the control of Apartable. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Apartable is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave Apartable's Services, be aware that your activity outside our Site or Services will not be governed by our Terms of Use or other agreements.

No Warranties

THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF APARTABLE'S SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.

Apartable takes no responsibility and assumes no liability for any User Content, Listings Data or other content, including links to web pages, that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Apartable is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.

Indemnification

You agree to defend, indemnify, and hold Apartable harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or Services or your use of the Site and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Apartable arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

Limitation Of Liability

IN NO EVENT SHALL APARTABLE, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General Terms

Apartable reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein. Apartable will not be liable to you or any third party if we exercise this right.

Modification of These Terms

We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Site or Services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically, and check the version date for changes.

Choice of Law

These Terms of Use are governed by the laws of the State of New York without regard to its conflict of law provisions.

No Waiver

Apartable's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights

These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement & Severability

These Terms, together with the Privacy Policy and any amendments and additional agreements you might enter with Apartable in connection with our Site or Services, shall constitute the entire agreement between you and Apartable concerning the Site or Services, and shall supersede any prior terms you had with Apartable regarding the Site or Services.

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use remain in full force and effect.

Limitation of Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Apartable® and the Apartable logo are a registered trademark of Apartable, Inc.

Copyright © 2012-2014 Apartable, Inc. All rights reserved.

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