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Terms of Use
 

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

This Web site (the "Web Site") is a service made available by MOUNT MANSFIELD DESIGN LLC ("Provider") and all content, information and software provided on and through the Web Site MAPPEDAPARTMETS.COM ("Content") may be used solely under the following terms and conditions ("Terms of Use").

1. WEB SITE LICENSE.
As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and content in accordance with these Terms and conditions of Use. Provider may terminate this license at any time for any reason.

2. PROVIDER.
MOUNT MANSFIELD DESIGN LLC ("MOUNT MANSFIELD DESIGN LLC,", “MAPPEDAPARTMENTS.COM”, "we," "our" or "us"), provides the MOUNT MANSFIELD DESIGN LLC World Wide Web Sites (the "Site," located at http://www.MappedApartments.com), together with the advertising and content on the Site and any related services (collectively, the "Services"), subject to your compliance with the terms and conditions set forth in this agreement ("Agreement"). By using the Site or the Services, you agree to be bound by these terms and conditions, and any other agreement you are required to enter into with MOUNT MANSFIELD DESIGN LLC in conjunction with your participation in the Site. If you do not agree to these terms and conditions, please do not use the Site or the Services. This Agreement is made between MOUNT MANSFIELD DESIGN LLC and you, as a registered member or visitor ("you"). The words "you" or "your" shall also mean heirs, executors, administrators, successors and legal representatives. We reserve the right at any time to impose or change any fees or charges for use of the Site or Services, change the Site or the Services, including eliminating or discontinuing any content on or feature of any Site or change the terms of this Agreement. Any changes we make will be effective immediately on notice, which we may give by posting the revised Agreement on the Site. Your use of the Services after such notice will be deemed acceptance of such changes.

3. USE OF SITE.
While using the Site and/or Services, you agree to comply with all applicable federal, state and other laws, rules and regulations. We have no obligation to monitor the Site or any materials that you transmit to the Site (including, without limitation, any submission or other material). However, you acknowledge and agree that we have the right to monitor the Site and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Site properly, to protect MOUNT MANSFIELD DESIGN LLC, the Site, the Services, our sponsors, partners, affiliates, and our members and visitors; and to comply with any legal obligations, regulations, or governmental requests. MOUNT MANSFIELD DESIGN LLC may condition your right to participate on the Site or in the Services on your furnishing to MOUNT MANSFIELD DESIGN LLC and keeping updated at all times, such personal identifying information as MOUNT MANSFIELD DESIGN LLC may require.

4. RULES OF CONDUCT
While using the Site or the Services, you agree not to:
-Restrict or inhibit any other visitor or member from using the Site or the Services;
-Post or communicate pornographic material on the Site;
-Transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, hateful, fraudulent, discriminatory, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;
-Transmit any information, software, or other material that contains a virus, worm, time bomb or other harmful or disruptive component;
-Post or transmit chain letters or pyramid marketing schemes;
-Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation;
-Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Services, or the software underlying either of them, or modify any materials downloaded from the Site;
-Modify, copy, or tamper with any listing or any other content that you may access through the Site, or use any content that you might access through the Site or the Services for any reason other than contacting property managers, roommates or associated services listed on the Site and collect, harvest or disclose information about other Site visitors or members without their consent;
-Do any act which interferes with or slows the operation of the Site or the Services;
-Use any application or other device or process to retrieve, index or reproduce or circumvent the navigational structure or presentation of the Site, the Services or their contents;
-Utilize information on the site for any fraudulent or criminal purpose; and
-Use the Site or Services for any unlawful purpose.

5. SUBMISSIONS AND LISTINGS
You agree to list only properties managed by your property management firm. You are solely responsible for the accuracy of listings regardless of who enters the information on the website. All listings will remain on the site and may be deleted in the sole discretion of MOUNT MANSFIELD DESIGN LLC or You. You agree and understand that although the use of the site is of no cost to you presently, MOUNT MANSFIELD DESIGN LLC reserves the right to charge a subscription rate for the use of the site in the future. Furthermore, you understand that in the future, MOUNT MANSFIELD DESIGN LLC may solicit you for subscription to the site and search engine. All information regarding the pricing structure for our services may be found on the site http://www.MappedApartments.com.

You agree not to enter any phone numbers, websites, or email addresses in the headline, address, or description fields of any listing. You agree not to enter any websites or email addresses in your company name, first or last name, phone number or phone comments fields. You agree to enter only working phone numbers and comments specific to tenants contacting you via phone in the phone comments field. MOUNT MANSFIELD DESIGN LLC maintains the right to remove contact information or delete, remove, edit, or otherwise deactivate listings which do meet these criteria. Contact information is limited to contact fields in your account profile. You have control over what information is displayed on your listing through the edit profile section. MOUNT MANSFIELD DESIGN LLC reserves the right to delete and/or de-activate any account where the user has violated the "Terms and Conditions" as stated herein. Membership fees will NOT be refunded for users who violate the MOUNT MANSFIELD DESIGN LLC "Terms and Conditions".

6. PROPRIETARY RIGHTS
The Site and the Services are owned and operated by MOUNT MANSFIELD DESIGN LLC and others pursuant to contractual arrangements. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws protect all content and materials available on the Site and in the Services. The following trademarks: MOUNT MANSFIELD DESIGN LLC, and all associated logos, graphics, images and domain names, including, without limitation, http://www.MappedApartments.com, are the trade names, trademarks, service marks, logos, and/or domain names of MOUNT MANSFIELD DESIGN LLC. You agree that you will not challenge the respective ownership rights of MOUNT MANSFIELD DESIGN LLC or any third party in or to the MOUNT MANSFIELD DESIGN LLC Marks or any third party marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the MOUNT MANSFIELD DESIGN LLC Marks or third party marks contained on the Site or in the Services.

7. TERMINATION
MOUNT MANSFIELD DESIGN LLC reserves the right, in its sole discretion, to terminate your access to all or part of the Site or the Services, at any time, with or without notice.

8. DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOUNT MANSFIELD DESIGN LLC PROVIDES NO ASSISTANCE INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL OR CUSTOMER SUPPORT.
MOUNT MANSFIELD DESIGN LLC MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR SYSTEM'S REQUIREMENTS, OR THAT THE SITE OR THE SERVICES (OR THE SERVERS THAT MAKE THEM AVAILABLE) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE OF HARMFUL COMPONENTS; NOR DOES MOUNT MANSFIELD DESIGN LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED.
MOUNT MANSFIELD DESIGN LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOUNT MANSFIELD DESIGN LLC DISCLAIMS ANY WARRANTY FOR CONTENT ON THE SITE OR THAT THE SERVICES ARE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR READER, OR THAT SUCH MATERIAL IS FREE OF OFFENSIVE, INDECENT, OBSCENE, DISCRIMINATORY, DEFAMATORY OR OTHER POTENTIALLY INAPPROPRIATE ELEMENTS. YOU ACKNOWLEDGE THAT WE DO NOT AND CANNOT REVIEW AND MONITOR CONTENT ON THE SITE OR IN THE SERVICES ON A REGULAR BASIS, AND YOU HEREBY AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM OUR PUBLICATION OR YOUR VIEWING OR READING OF, EXPOSURE TO, OR ACCESS TO ANY POSTING OF CONTENT ON THE SITE OR THE SERVICES.
THE SITE AND SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES. THOSE THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF RENTS.NET AND RENTS.NET IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITE. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITE, THEN YOU DO SO AT YOUR OWN RISK. THE INCLUSION OF THE LINK DOES NOT IMPLY THAT WE ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES.
MOUNT MANSFIELD DESIGN LLC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR BY WAY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOUNT MANSFIELD DESIGN LLC OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MOUNT MANSFIELD DESIGN LLC, ITS LICENSEES, SUCCESSORS, ASSIGNS, RELATED OR AFFILIATED ENTITIES, ADVERTISERS, SPONSORS, PROVIDERS, CONTRACTORS, CONSULTANTS OR PROFESSIONAL ADVISORS OR THE PARENT, SUBSIDIARY OR AFFILIATED COMPANIES OF EACH OF THEM AND ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS (THE "RENTS.NET PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST OPPORTUNITY THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RENTS.NETHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RENTS.NET PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.

9. INDEMNIFICATION
You shall be fully responsible for any violation of this Agreement or of any other agreement between you and MOUNT MANSFIELD DESIGN LLC. You agree to defend, indemnify, and hold harmless the MOUNT MANSFIELD DESIGN LLC Parties from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Site or the Services. MOUNT MANSFIELD DESIGN LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with MOUNT MANSFIELD DESIGN LLC in asserting any available defenses.

10. SEVERABILITY AND INTEGRATION
This Agreement and any other agreement between you and MOUNT MANSFIELD DESIGN LLC, constitutes the entire agreement between you and MOUNT MANSFIELD DESIGN LLC with respect to the Site and the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MOUNT MANSFIELD DESIGN LLC with respect to the Site and the Services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 11. THIRD PARTY ADVERTISEMENTS
We use third-party advertising companies to serve ads 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 provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

12. MISCELLANEOUS
This Agreement is not assignable or otherwise transferable by you, and any such transfer, assignment or sublicense shall be null and void. No agency, partnership, joint venture or employment relationship between you and MOUNT MANSFIELD DESIGN LLC is intended or created by this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your registration with MOUNT MANSFIELD DESIGN LLC. If such email address does not function, MOUNT MANSFIELD DESIGN LLC will have no obligation to send you notifications or other communications by other means, notwithstanding that other contact information for you may be available to us.

Your electronic consent to this Agreement (or to any other agreement between you and MOUNT MANSFIELD DESIGN LLC), whether by clicking "I AGREE" or similar buttons provided in conjunction with any such agreement, your submission of any agreement with your initials and/or name entered into a box provided for that purpose together with the agreement, and/or your registration to use the Site or the Services governed by this Agreement, shall constitute your electronic signature and, according to the provisions of federal law (including, without limitation, copyright law), shall be of the same effect as if you had signed such agreement manually. Your access and use of the Site or the Services also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form