ACCEPTANCE OF TERMS
This web site is made available to you by Smartlocating Corporation and its various divisions, subsidiaries and affiliates (“Smartlocating Corporation”, "we", "us", or "our"). Smartlocating Corporation provides its service to you via this internet websites www.Smartlocating.com, www.SmartApartmentData.com (“Site”, whether capitalized or not) as well as communications and information that may, from time to time, be directly sent (electronically or otherwise and regardless of the method of submission, exchange or storage) from Smartlocating Corporation to you (“Information” or “Data”, whether capitalized or not), subject to the following Terms Of Service (the "Terms"). These Terms may be updated from time to time without notice to you. The terms "User", "You", or "Your" shall be used to identify visitors, subscribers (individual end users), business partners, affiliates or subsidiaries who use or access this Site or are otherwise provided information from us. “User” also includes (without limitation) those who have purchased a license to the Service and the Information as well as licenses that have been provided by Smartlocating Corporation to a User without charge, for a reduced fee or to a Service Provider to allow such User to perform certain services on behalf of Smartlocating Corporation. The Services, the Information, the User Data, the Online Materials, Received Materials and items derived (in whole or in part) therefrom shall be subject to these Terms and the restrictions on use contained herein.
Your use of this Site and any Information provided by Smartlocating Corporation to you is expressly conditioned on your acceptance of these Terms. By using this Site and accepting information from Smartlocating, you acknowledge, agree and consent to these Terms. If for any reason you do not consent to all or any portion of these Terms, you must immediately discontinue your use of this Site and any other information provided by us, and contact us at support@SmartApartmentData.com. Failure to do so, and continued use of the Site shall evidence your consent and irrevocable agreement to the conditions, provisions and terms set forth herein.
You can review the most current version of the Terms at any time at https://smartapartmentdata.com/terms-of-service. Furthermore, when using Services on this website or using Information, you will be subject to any applicable rules, guidelines, laws, or regulations of such Services and Information including those governing real estate commissions.
DESCRIPTION OF SERVICE
Smartlocating Corporation provides Users with a rich collection of resources and data regarding apartments, rental properties and other real-estate related content (the "Service"). As a registered User of the Site, Smartlocating Corporation also provides, and the Service also includes, certain account related communications such as administrative alerts, customer and client data, promotions as well as Information that may, from time to time, be sent directly to you.
MODIFICATIONS TO SERVICE
Smartlocating Corporation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Smartlocating Corporation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Smartlocating Corporation may change, add or remove any part of the Terms, or any other terms, conditions or provisions associated with the use of the Site or the Information, at any time, by posting a notice of such changes to the Terms page on the Site. Any changes shall apply as soon as such Terms are updated and posted on the Site. By continuing to use the Site following any updates to these Terms, you acknowledge, consent to and indicate your irrevocable acceptance of such Terms, including all changes included therein.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Smartlocating Corporation may establish general practices and limits concerning use of the Service and Information, including without limitation the maximum number of days that email messages, message board postings or other content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Smartlocating Corporation's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Smartlocating Corporation has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that Smartlocating Corporation reserves the right to terminate access for accounts that inactive for an extended period of time, as determined in our sole discretion. You further acknowledge that Smartlocating Corporation reserves the right to modify these general practices and limits from time to time.
YOU MAY NOT ACCESS THE SITE OR USE THE INFORMATION OR ANY SERVICES IN THE SITE IF YOU ARE A COMPETITOR, AFFILIATED WITH A COMPETITOR OR IN ORDER TO BEGIN COMPETING WITH SMARTLOCATING CORPORATION. YOU MAY NOT SELL OR RESELL ANY INFORMATION PROVIDED TO YOU FROM SMARTLOCATING CORPORATION OR DATA OBTAINED FROM, DERIVED OR BASED, IN WHOLE OR IN PART, THE SITE. YOU MAY NOT CONTACT ANY CUSTOMER OR USER OF THE SITE TO PROMOTE YOUR OWN PRODUCTS OR SERVICES EXCEPT WITH THE PRIOR WRITTEN APPROVAL OF AN AUTHORIZED REPRESENTATIVE OF SMARTLOCATING CORPORATION. IN ADDITION TO ATTORNEY’S FEES ASSOCIATED WITH THE ENFORCEMENT OF THESE TERMS OF SERVICE, SMARTLOCATING CORPORATION SHALL BE ENTITLED TO RECEIVE DAMAGES IN THE AMOUNT $1000 PER VIOLATION.
REFERRAL PROGRAM CONDITIONS
- The person being referred must use referral link received via email when creating their account
- To make a referral you must be a current customer with an active account in good standing.
- You and your referrals have to accept these Terms & Conditions
- Both you and your referrals must have postpaid accounts – the program is not available to free trial customers.
- All referrals have to be made using the referral system
- To be eligible for the referral credit, both of you must have active service when the credits are applied. The person being referred must keep their account active for 90 days after activating. If service is terminated within 90 days of activating, the bill credit will be charged back to both their account and the account of the person who referred them.
- Referral credit amount is the equivalent of one month of your current paid service not to exceed $50. For example, if your last subscription payment was $120 for 3 months of service, the one month service equivalent is $40 ($120 / 3 months) and thus your referral credit is $40.
- There is no limit to the number of referral offers you can send to your friends. However, you’re limited to a maximum of $250 off your bill per calendar year.
- The referral credit is not available for referring existing customers (the referral must be a new account customer).
- Referrals cannot accept more than one referral offer. If they receive multiple offers, a credit will be applied to the account of the current Smartlocating Corporation customer whose referral they accepted through the referral program.
- To be eligible for the referral credit you must (i) explain the Program to your referrals and obtain consent from each referral to use their personal information for the purpose of sending them the referral and (ii) abide by these Terms of Service. Referrals must provide consent to use of their personal information in order to participate in the referral program.
- Smartlocating Corporation assumes no responsibility for lost, delayed, damaged or misdirected referrals or communications or for any failure of the website, for any problems or technical malfunction of any computer online systems, servers, access providers, computer equipment, software, failure of any e-mail or referral to be received by Smartlocating Corporation on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to a your (or any other person's) computer related to or resulting from this program. Smartlocating Corporation reserves the right, at its sole discretion, to change, cancel or suspend this referral program should a virus, bug or other cause beyond the reasonable control of Smartlocating Corporation, corrupt the security or proper administration of the program or for any other reason. Referrals are subject to verification and will be declared invalid if they are illegible, unintelligible, falsified, altered or tampered with or unlawful in any way. Referrals submitted by unauthorized means will be disqualified. In the event that it has been determined that a referral has been made in a manner not sanctioned by these terms, you and all of you referrals will be disqualified from this program and any referral credits that have been awarded will be deducted. You agree to abide by the terms of this program and the decisions of the Smartlocating Coporation team, which are final. This program is subject to all applicable laws and regulations.
- Smartlocating Corporation end the referral program or change any of the terms at any time, without notice and without obligation to award any referral credits.
Smartlocating Corporation does not ship any its products or services.
RETURN, CANCELLATION AND REFUND POLICY
Premium content on this website requires a user registration and subscription access. The subscription is on a month-to-month, 3 months, 6 month or annual basis and is not pro-rated. You are solely responsible for paying all fees associated with your account. You may cancel your subscription at any time through the account management interface unless otherwise agreed upon in writing. Service fees are not refundable for any reason. Failure to timely pay any subscription fees may results, in Smartlocating Corporation’s discretion, in the termination of your access to the Site and Information.
You are responsible for the full payment of the Service. If you choose to use your credit card to pay for your use of the Service, you hereby authorize Smartlocating Corporation to charge your credit card to pay your subscription fees and any automatic renewals. Unless otherwise agreed upon in writing, when you purchase a subscription we will renew it automatically and charge your credit card for the price of a then-current subscription on your appropriate purchase-anniversary date with or without notification of transaction.
All duties, taxes and licenses incurred while shopping on this Site are the sole responsibility of the customer. Smartlocating Corporation cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.
You shall be responsible to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Smartlocating Corporation or by any vendor or service provider. At its sole discretion, Smartlocating Corporation reserves the right at any time to offer memberships on the Service at a discount or to provide premiums and promotions as a membership incentive. All fees and charges shall be charged to the credit card provided as part of the subscription payment process and you agree to pay such charges. You shall also pay any applicable taxes relating to use of the Service through your account. In addition, you also are responsible for paying any amounts billed to your credit card by someone who uses your card without your permission, even if your credit card company does not cover such costs. Smartlocating Corporation is not liable in any way for charges due to credit card theft, and any such disputes must be taken up with the credit card company of the cardholder.
YOUR OBLIGATIONS RESTRICTIONS OF USE
You agree to provide true, accurate, current, and complete information about yourself as requested in the registration process of this Site and to update your information from time to time to reflect any changes. You may not reveal or provide your subscription password to anyone else and you may not use anyone else’s password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service due to your breach of this agreement is a violation of the law. Furthermore, you agree to adhere to all rules and guidelines of your governing real estate commission as well as laws of the federal Fair Housing Act.
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
You shall use this Site for lawful purposes only. You shall not transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to the Site for any breach of this provision or any other provision of this Agreement.
Any comments, materials, or letters sent by you to Smartlocating Corporation regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. Smartlocating Corporation shall have no obligation of any kind with respect to such Received Materials and Smartlocating Corporation will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Smartlocating Corporation is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Smartlocating Corporation for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Smartlocating Corporation or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain Smartlocating Corporation's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Smartlocating Corporation of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Smartlocating Corporation will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Smartlocating Corporation is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
The materials on the Site, and the Site as a whole, are intended solely for personal use. You may download or copy the downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. All materials on the Site are and shall at all times remain the property of Smartlocating Corporation. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, resell or participate in any sale or resale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, any Information provided to you by Smartlocating Corporation or any related software or services without the prior written consent of an authorized representative of Smartlocating Corporation. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of an authorized representative of Smartlocating Corporation.
You may not use this Site or its content for any illegal purpose or in any manner inconsistent with these Terms. You agree to use this Site solely for your own personal use and benefit and not for the sale, resale or other transfer or disposition to any other person or entity.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material you submit to the Service for any reason without prior notice to you and without liability to us. We do not guarantee that the purchase of any of our products or services will be processed within the expected time frames associated with such product or service.
Within five (5) days of termination of your rights to access the Service, you must immediately and permanently delete all copies of Information (regardless of method of storage) provided to you by Smartlocating Corporation and materials (regardless of method of storage) obtained from the Site, including any User Data, regardless of whether the same was collected or shared in compliance with these Terms Failure to comply with the provisions set forth herein shall be a material breach of these Terms, and Smartlocating Corporation shall be entitled to seek injunctive relief to enforce its rights under these Terms.
At any time, and for any reason or no reason, Smartlocating Corporation may require a User to immediately and permanently delete all copies of Information (regardless of method of storage) provided by Smartlocating Corporation and materials (regardless of method of storage) obtained from the Site and the Service, including any User Data, regardless of whether the same was collected or shared in compliance with these Terms Failure to comply with the provisions set forth herein shall be a material breach of these Terms, and Smartlocating Corporation shall be entitled to seek injunctive relief to enforce its rights under these Terms. The provisions set forth in this paragraph shall apply to all Users, including Service Providers and any other User provided a no-cost or low-cost license to the Site, the Service and the Information.
We will not be liable for, and you will not be entitled to, a refund for service outages caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers, natural disasters, or other destruction or damage of our facilities, an act of nature, war, civil disturbance, court order, legislative or regulatory action, catastrophic weather conditions, a computer virus, third-party interference, or another cause beyond our reasonable control.
THIRD PARTIES , SPONSORS AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Smartlocating Corporation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
The Site may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because Smartlocating Corporation has no control over such Sites and resources, you acknowledge and agree that Smartlocating Corporation is not responsible for the availability of such external Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Sites or resources. You further acknowledge and agree that Smartlocating Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTLOCATING CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. SMARTLOCATING CORPORATION MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE INFROMATION WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE OR INFORMATION WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTLOCATING CORPORATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e. THIS SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA OR OTHER INFORMATION CREATED BY SMARTLOCATING CORPORATION OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY SMARTLOCATING CORPORATION AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
G. SOME PROPERTIES IN THE DATABASE REQUIRE THAT YOU REGISTER YOUR CLIENTS VIA VARIOUS REGISTRATION METHODS. WHILE WE TRY TO ASSIST YOU IN THAT PROCESS, YOU AND NOT SMARTLOCATING CORPORATION ARE RESPONSIBLE TO SUBMIT CLIENT OR GUEST CARD REGISTRATIONS AND FULLFILL ANY OTHER REQUIREMENTS REQUESTED BY PROPERTIES IN ORDER TO PAY YOUR COMMISSION.DISCLAIMER OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTLOCATING CORPORATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMARTLOCATING CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE AND THE INFROMATION; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT SMARTLOCATING CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICE.
Our liability to you, if any, shall not exceed the monthly membership fee paid by you to Smartlocating. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Smartlocating Corporation We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users' network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive termination of your relationship with Smartlocating Corporation and any change or elimination of these Terms and/or the Site.
DISCLAIMER OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smartlocating Corporation SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Smartlocating Corporation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT Smartlocating Corporation SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICE.
Our liability to you, if any, shall not exceed the monthly membership fee paid by you to Smartlocating. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Smartlocating Corporation We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users' network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Smartlocating Corporation or by other parties that have licensed their material to Smartlocating Corporation for use on the Site. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, sold, resold, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
Smartlocating Corporation may, from time to time, provide third-party service providers ("Service Providers") access to the Site, the Services and Information, which may include User Data and other materials. A Service Provider’s use of the Service, Site and Information is subject to these Terms and all Service Providers must strictly comply with the provisions set forth herein.
If you suspect that content, trademarks or User Data of Smartlocating Corporation are being misused please contact support@SmartApartmentData.com as soon as possible.
The failure of Smartlocating Corporation to exercise or enforce any right or provision of the Terms (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.
HEADINGS FOR CONVENIENCE ONLY
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org
You agree to indemnify, defend and hold Smartlocating Corporation harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of these Terms.
You can read the Site's privacy statement here
If any provision of this Terms is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
REFUSAL OR DISCONTINUANCE OF SERVICE
Smartlocating Corporation reserves the right to refuse or discontinue service to any user at any time and for any reason, including (without limitation) for non-compliance with these Terms.
The Site is created and controlled by Smartlocating Corporation, Inc., a Texas corporation. The interpretation and construction of these Terms (as well as all terms, conditions, and other disclaimers on the Site) shall be governed by the laws of the State of Texas, without giving effect to the principles of conflicts of laws. Any dispute arising under, out of, in connection with, or in relation to these Terms, or its interpretation or any breach thereof shall be determined and settled by any state or federal court in Harris County, Texas having jurisdiction over such matter. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration in Harris County, Texas. If it is necessary for Smartlocating Corporation to employ an attorney to enforce its rights under these Terms, Smartlocating Corporation shall be entitled to receive a reimbursement of all costs and expenses (including reasonable attorneys’ fees) incurred in the enforcement of its rights under these Terms.