Terms of Use Agreement
1. Acceptance of Terms
OnSite Publishing Company provides a collection of online
services including including this web site and ApartmentsOnTheNet.com
(referred to hereafter as "the Service") subject to the following Terms
of Use ("Terms"), which may be updated by OnSite Publishing Company from
time to time. OnSite Publishing Company will provide notice of
materially significant changes to the Terms by posting notice on the
ApartmentsOnTheNet.com web site. By using the Service in any way, you
are agreeing to comply with these Terms. In addition, when using
particular OnSite Publishing Company services, you agree to abide by any
applicable posted guidelines for all OnSite Publishing Company, which
may change from time to time. Should you object to any term or condition
of these Terms, any guidelines, or any subsequent modifications thereto
or become dissatisfied with OnSite Publishing Company in any way, your
only recourse is to immediately discontinue use of the service.
2. Content
You understand that all advertised
information, including but not limited to advertiser offers, rates,
features, amenities, special incentives, and availability is subject to
change without notice. All advertised information should be verified
with the owner/management of any property listed on the web site. You
understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. You are entirely responsible
for all Content that you post, email or otherwise make available via the
Service. You understand that OnSite Publishing Company does not control,
and is not responsible for Content made available through the Service,
and that by using the Service, you may be exposed to to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the OnSite Publishing Company site and Content available
through the Service may contain links to other websites, which are
completely independent of OnSite Publishing Company. OnSite Publishing
Company makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such
site. Your linking to any other web sites is at your own risk. You agree
that you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under no
circumstances will OnSite Publishing Company be liable in any way for
any Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise made available
via the Service. You acknowledge that OnSite Publishing Company does not
pre-screen or approve Content, but that OnSite Publishing Company shall
have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service,
for violating the letter or spirit of the Terms or for any other reason.
3. Notification of Claims of
Infringement
If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please notify
an OnSite Publishing Company agent for notice of claims of copyright or
other intellectual property infringement ("Agent", service@apartmentsonthenet.com
or: Copyright Agent, OnSite Publishing Company, 15986 Longmeadow Lane,
Colorado Springs, CO.
Please provide OnSite Publishing Company with the following Notice:
Identify the copyrighted work or other intellectual property that you
claim has been infringed;
Identify the material on the OnSite Publishing Company site that you
claim is infringing, with enough detail so that we may locate it on the
web site;
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner
of the copyright interest involved or that you are authorized to act on
behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
OnSite Publishing Company will respond and/or forward this information
to the alleged infringer.
4. Privacy and Information
Disclosure - Privacy Policy
The following policy governs OnSite
Publishing Company's online collection of information from you.
Specifically, it outlines the types of information that OnSite
Publishing Company gathers about you while you are using the Service,
and the way that OnSite Publishing Company uses and does not use this
information. This Privacy Policy, including the children's privacy
statement, does not apply to any information you may provide to us or
that OnSite Publishing Company may collect offline and/or through other
means; for example, when you fill out the form to list your apartment
with OnSite Publishing Company, or fill out a form for an apartment.
The information that OnSite Publishing Company may collect about
visitors while they are using the Service falls into two general
categories:
1. Information you provide to OnSite Publishing Company via forms.
2. Information that is automatically collected. OnSite Publishing
Company may also collect and store information that is generated
automatically as you surf through the OnSite Publishing Company web
site. OnSite Publishing Company does NOT use "cookies" on any visitor.
Advertisers you visit through links on OnSite Publishing Company may use
"cookies", and mail or email promotional offers directly to you. OnSite
Publishing Company will not use the information that it collects
automatically online from you while you are using the Service, nor will
OnSite Publishing Company authorize third parties to use such
information to mail or e-mail promotional offers directly to you unless
you have specifically filled out a form on the OnSite Publishing Company
web site or have written an email requesting OnSite Publishing Company
with respect to services offered through one of our participating
organizations.
This website may includes links to other websites, and provide access to
products and services offered by third parties, whose privacy policies
we do not control. When you access another website or purchase products
or services or conduct other transactions through the Service, use of
any information you provide is governed by the privacy policy of the
operator of the site you are visiting or the provider of such products
or services.
OnSite Publishing Company may also make some content, products and
services available through our Service through cooperative relationships
with third party providers, where the brands of our provider partner
appear prominently on the OnSite Publishing Company web site. We may
share with our provider partner any information you provide, or that is
collected, in the course of visiting any pages that are made available
in cooperation with our provider partner. In some cases, the provider
partner may collect information from you directly; in which cases the
privacy policy of the provider partner may apply to the provider
partner's use of your information. The privacy policy of our provider
partners may differ from ours. If you have any questions regarding the
privacy policy of one of our provider partners, you should contact the
provider directly for more information. In addition, certain websites
affiliated with Colorado Media Services may provide certain online
services that are separate from OnSite Publishing Company and may be
subject to privacy policies that are different from OnSite Publishing
Company. If you have any question about the privacy policy that applies
to the online service you are using, you should click on the relevant
link on the page of the service that you are using.
Be aware that OnSite Publishing Company may occasionally release
information about visitors when release is appropriate to comply with
law, to enforce our Terms of Use or Terms of Service Agreement, or to
protect the rights, property or safety of visitors to our site, the
public, or the OnSite Publishing Company web site.
5. Conduct
You agree not to post, email, or
otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors
in any way;
that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not limited to, a
OnSite Publishing Company employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person
without that person's explicit consent.
that is false, deceptive, misleading, deceitful, or constitutes "bait
and switch".
that violates the Federal and State Laws.
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right
to make available under any law or under contractual or fiduciary
relationships.
that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement.
that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the OnSite Publishing Company sites which are not
designated for such purposes; or (2) emailed to OnSite Publishing
Company site users who have requested not to be contacted about other
services, products or commercial interests. That includes links to
commercial services or web sites, except as approved by OnSite
Publishing Company.
that advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law, including
without limitation items the sale of which is prohibited or regulated by
Colorado law.
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful
purposes;
use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is made
for internet search engines (e.g. Google) and non-commercial public
archives (e.g. archive.org).
purposefully post Content in an irrelevant category or city, repeatedly
post the same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure; or
attempt to gain unauthorized access to OnSite Publishing Company's
computer systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Service or the OnSite Publishing Company website.
6. No Spam Policy
You understand and agree that sending
unsolicited email advertisements to OnSite Publishing Company email
addresses or through OnSite Publishing Company computer systems, which
is expressly prohibited by these Terms, will use or cause to be used
servers located in Colorado. Any unauthorized use of OnSite Publishing
Company computer systems is a violation of these Terms and certain
federal and state laws, including without limitation the Computer Fraud
and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject
the sender and his or her agents to civil and criminal penalties.
7. Limitations on service
You acknowledge that OnSite
Publishing Company may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that OnSite
Publishing Company has no responsibility or liability for the deletion
or failure to store any Content maintained or transmitted by the
Service. You acknowledge that OnSite Publishing Company reserves the
right at any time to modify or discontinue the Service (or any part
thereof) with or without notice, and that OnSite Publishing Company
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
8. Termination of service
You agree that OnSite Publishing
Company, in its sole discretion, has the right (but not the obligation)
to delete or deactivate your account, block your email or IP address, or
otherwise terminate your access to or use of the Service (or any part
thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without
limitation, if Colorado Media Services believes that you have acted
inconsistently with the letter or spirit of the Terms. Further, you
agree that OnSite Publishing Company shall not be liable to you or any
third-party for any termination of your access to the Service. Further,
you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
9. Dealings with organizations and
individuals
Your interactions with organizations
and/or individuals found on or through the Service, including payment
and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You agree that
OnSite Publishing Company shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that OnSite
Publishing Company is under no obligation to become involved. In the
event that you have a dispute with one or more other users, you hereby
release OnSite Publishing Company, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or our service.
10. Proprietary Rights
The Service is protected to the
maximum extent permitted by copyright laws and international treaties.
Content displayed on or through the Service is protected by copyright as
a collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the Sites or the collective
work is prohibited. Copying or reproducing the sites or any portion
thereof to any other server or location for further reproduction or
redistribution is prohibited. You further agree not to reproduce,
duplicate or copy Content from the Service, and agree to abide by any
and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect of the Service. Although
OnSite Publishing Company does not claim ownership of content that its
users post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the
right to grant, to OnSite Publishing Company an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative works of,
or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE OnSite
Publishing Company SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE OnSite Publishing Company SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
Colorado Media Services DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OnSite
Publishing Company SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED
BY LAW, Colorado Media Services DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OnSite
Publishing Company SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY
LINKS ON THE OnSite Publishing Company SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, OnSite Publishing Company DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OnSite
Publishing Company SITE OR THE SERVICE. Some jurisdictions do not allow
the disclaimer of implied warranties. In such jurisdictions, some of the
foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL OnSite
Publishing Company BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OnSite Publishing Company
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE OnSite Publishing Company SITE OR THE SERVICE,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OnSite Publishing
Company SITE OR THE SERVICE, FROM INABILITY TO USE THE OnSite Publishing
Company SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE OnSite Publishing
Company SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OnSite Publishing
Company SITE OR THE SERVICE OR ANY LINKS ON THE OnSite Publishing
Company SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE Colorado Media Services
SITE OR THE SERVICE OR ANY LINKS ON THE OnSite Publishing Company SITE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In
some jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
13. Indemnity
You agree to indemnify and hold
OnSite Publishing Company, its owners, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including
reasonable attorney fees and court costs, made by any third party due to
or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
14. General information
The Terms constitute the entire
agreement between you and OnSite Publishing Company and govern your use
of the Service, superseding any prior agreements between you and OnSite
Publishing Company. The Terms and the relationship between you and
OnSite Publishing Company shall be governed by the laws of the State of
Colorado without regard to its conflict of law provisions. You and
OnSite Publishing Company agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of El Paso,
Colorado. The failure of OnSite Publishing Company to exercise or
enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the Terms must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
15. Violations of Terms and
Liquidated Damages
Please report any violations
of the Terms, by copying or identifying it for review, or by emailing to
service@apartmentsonthenet.com. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.