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| Introduction and Agreement. This website (the
"Site") is owned and operated by
Metro-Rentals.com, a division of Cheplowitz and
Associates Inc. ("Metro-Rentals.com").
These Terms of Service apply to the national version of
the Site, located at
www.Metro-Rentals.com and including
www.Suburban-Rentals.com,
www.Think-Urban.com, as
well as to any publicly available versions of the Site
that Metro-Rentals.com offers or affiliates and other
distribution partners (collectively, "Affiliates").
Any individual who uses any version of the Site is a
“User” for purposes of these Terms of Service. You may
have arrived at a version of the Site from an
Affiliate's website. By using the Site, you hereby agree
that you are at least eighteen (18) years of age and
bound by all of the following provisions of these Terms
of Service. Click here to review the
Privacy Statement. |
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| Metro-Rentals.com is an Advertising and Research
Service. Metro-Rentals.com operates the Site as
an online advertising and research service for apartment
hunters, dwellers and landlords. Metro-Rentals.com does
not broker, lease, or sublease apartments directly and
is not a party to any transaction between landlords
(including, as applicable, property management companies
and/or property managers) and renters. As a result,
Metro-Rentals.com does not (a) guarantee or ensure any
apartment or any transaction between a renter and
landlord, (b) collect or process payment or execute any
lease or sublease documentation on behalf of renters or
landlords, or (c) broker, lease, or sublease or offer to
broker, lease or sublease, or own any apartments. You
are strongly encouraged to personally inspect any
apartment advertised for rent prior to: signing any
lease documentation; providing personal information such
as a social security number on a lease application; or
wiring or otherwise sending money for any deposit, rent
payment or application fee. |
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| Site Content. All information and content
available on this Site (collectively, "Content")
is protected by copyright and other intellectual
property laws. The Content is owned by
Metro-Rentals.com, its Affiliates, and/or their
respective licensors and suppliers (collectively, "Licensors").
The Content is intended for personal and noncommercial
use only. While you may interact with or download a
single copy of any portion of the Content for your
personal and noncommercial entertainment, information or
use, you may not reproduce, sell, license, publish,
distribute, modify, display, perform, re-post or
otherwise use any portion of the Content in any other
way or for any other purpose without the prior written
consent of Metro-Rentals.com. Requests regarding use of
the Content for any purpose other than personal,
noncommercial use should be directed to Permissions,
Metro-Rentals.com, 27 East Russell Street, Suite 201 Columbus,
Ohio 43215. |
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| Third-Party Sites. During the course of your
visit to the Site, you may be taken to third-party
websites to fulfill certain site features and
functionality (e.g., if you choose to view community
information or check availability of a certain apartment
unit). You agree that when visiting third-party websites
(e.g., websites not containing
www.Metro-Rentals.com or
www.Suburban-Rentals.com.com or
www.Think-Urban.com in the URL) you are subject to
the privacy policy and terms of service, if any, of that
third-party website, which may differ from those of
Metro-Rentals.com. By selecting links to such
third-party websites, you agree that you will be leaving
the Site and that Metro-Rentals.com has no
responsibility or liability whatsoever in connection
with your use or your exchange of any information with
such third-party websites. Metro-Rentals.com and its
Affiliates do not endorse, sponsor or guarantee these
linked websites and are not responsible in any way for
any advice, content, information, practices, products or
services related to or made available through such
linked websites. |
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Copyrights and Copyright Agents. It is the
policy of Metro-Rentals.com to respond to claims of
intellectual property infringement. Metro-Rentals.com
will promptly process and investigate notices of alleged
infringement and take appropriate actions under the
Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) ("DMCA")
and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright
infringement should be sent to a Service Provider's
Designated Agent. Notification must be submitted to the
following Designated Agent for this Site:
Cheplowitz
and Associates Inc.
Attn: DCMA Notice
27 East Russell Street, Suite 201
Columbus, Ohio 43215
USA
Phone: 614-464-4000
Fax: 614-464-4405
Email:
info@metro-rentals.com |
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To be
effective, the notification must be a
written communication that includes the
following: |
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1. |
A
physical or electronic signature of a person
authorized to act on behalf of the owner of
an exclusive right that is allegedly
infringed; |
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2. |
Identification of the copyrighted work
claimed to have been infringed, or, if
multiple copyrighted works at a single
online site are covered by a single
notification, a representative list of such
works at that site; |
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3. |
Identification of the material that is
claimed to be infringing or to be the
subject of infringing activity and that is
to be removed or access to which is to be
disabled, and information reasonably
sufficient to permit the service provider to
locate the material; |
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4. |
Information reasonably sufficient to permit
the service provider to contact the
complaining party, such as an address,
telephone number and, if available, an
electronic mail address at which the
complaining party may be contacted; |
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5. |
A
statement that the complaining party has a
good-faith belief that use of the material
in the manner complained of is not
authorized by the copyright owner, its agent
or the law; and |
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6. |
A
statement that the information in the
notification is accurate and, under penalty
of perjury, that the complaining party is
authorized to act on behalf of the owner of
an exclusive right that is allegedly
infringed. |
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| Trademarks. You acknowledge that the Content
includes certain trademarks and service marks owned by
Metro-Rentals.com, Affiliates, Licensors and others. You
agree not to copy, use or otherwise infringe upon or
dilute these trademarks or service marks. You further
agree that you will not alter or remove any trademark,
copyright or other notice from any copies of the
Content. The "Metro-Rentals.com" name and logo are
trademarks of Cheplowitz and Associates Inc.. Other
product and company names herein may be trademarks of
their respective owners. |
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| Software. Please note that all software
programming, including without limitation all HTML and
other code contained in this Site (collectively, "Software"),
is owned by Metro-Rentals.com and/or its Licensors and
is protected by copyright laws and other intellectual
property laws, as well as international treaty
provisions. Any unauthorized access to, reproduction,
redistribution, publication, display or other use of the
Software is expressly prohibited by law and may result
in severe civil and/or criminal penalties. Violators
will be prosecuted to the maximum extent possible. |
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| Linking. If you operate a website and wish to
link to the Site, you must link to the Site's home page
unless permission otherwise has been granted in writing
by Metro-Rentals.com. Metro-Rentals.com reserves the
right to reject or terminate any links to the Content or
the Site. Submit requests to
info@metro-rentals.com |
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User
Materials.
By submitting ads, content, photos, data or other
materials (“Materials”) to the Site, you hereby
grant to Metro-Rentals.com and its Affiliates a
royalty-free, perpetual, irrevocable, nonexclusive,
fully transferable, fully sub-licensable right and
license to copy, modify, display, distribute,
perform, create derivative works from, store and
otherwise use and exploit all such Materials in any
form, media, software or technology of any kind now
existing or developed in the future, for the term of
the Agreement on file. You further grant to
Metro-Rentals.com and its Affiliates a royalty-free
right and license to use your name, image and
likeness in connection with the reproduction or
distribution of the Materials. |
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| Metro-Rentals.com Rights. Given the nature of
the Site and the volume of messages and postings,
Metro-Rentals.com cannot and does not monitor all of the
Materials posted or transmitted by you and other
third-party information providers. Metro-Rentals.com
reserves the right, in its sole discretion, to monitor,
refuse to publish, remove, delete, move or edit any
Materials without notice, at any time for any reason. By
using the Site, you expressly agree that
Metro-Rentals.com (a) will not be liable for any claims,
actions or judgments arising out of or related to any
Materials and (b) may monitor, refuse to publish,
remove, delete, move or edit any Materials without
notice at any time for any reason, without liability. You further expressly agree
that you are solely responsible for any and all
Materials you submit to the Site. |
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| Unsolicited Materials. Metro-Rentals.com does
not accept unsolicited materials or ideas for use or
publication in its programming or in other digital,
electronic or print media. Metro-Rentals.com and the
Affiliates shall not be responsible for the similarity
of any of its content or programming in any media to
Materials or ideas transmitted to the Site. |
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| Representations/Indemnity. You hereby
represent and warrant that (a) you have all necessary
authority, rights and permissions to submit the
Materials to the Site, (b) the Materials do not and will
not infringe or misappropriate any copyright, trademark,
trade secret, patent or other intellectual property
right of any third party, including any rights of
privacy or publicity, and (c) the Materials do not and
will not violate any applicable federal, state, or local
law or regulation including, but not limited to, any
fair housing laws or regulations, or cause injury to any
person. You agree to release, defend, indemnify and hold
Metro-Rentals.com, its Affiliates, the Licensors, and
their respective officers, directors, employees, agents
and contractors harmless from and against any and all
claims, costs, demands or expenses, including attorneys'
fees, arising from (i) any distribution, publication,
refusal to publish, removal, deletion, movement, editing
or other use of the Materials you provide, (ii) your use
of the Site or any reliance on the Content, (iii) your
breach of these Terms of Service or (iv) any actual,
prospective or terminated sale, lease or other
transaction between you and a third party. |
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| Prohibited Activities. The following is a
partial list of the kinds of activities that are
prohibited on or through the Site: (a) submitting
Material that is patently offensive to the online
community, such as content that promotes racism,
bigotry, hatred or physical harm of any kind against any
group or individual; (b) engaging in activities or
submitting Material that could be harmful to minors; (c)
engaging in activity or submitting Material that
harasses or advocates harassment of another person; (d)
engaging in activity that involves the transmission of
"junk mail" or unsolicited mass mailing or "spam" to
Users or others; (e) engaging in activity or submitting
Material or promoting information, that is fraudulent,
false or misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene,
defamatory or libelous; (f) submitting Material that
contains restricted or password-only access pages, or
hidden pages or images; (g) submitting Material that
displays pornographic or sexually explicit material of
any kind; (h) submitting Material that provides
instructional information about illegal activities such
as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses; (i)
engaging in activities or submitting Materials that
solicit passwords or personally identifiable information
for unlawful purposes from other Users; (j) engaging in
commercial activities and/or sales without our prior
written consent, such as contests, sweepstakes, barter,
advertising and pyramid schemes; (k) using the Site's
lead forms to advertise or promote products and services
to Metro-Rentals.com advertisers or to solicit
Metro-Rentals.com advertisers in any manner; (l) using
any robot, spider or other automatic device, or a manual
process, to monitor or copy web pages or the Content
contained in the Site or for any other unauthorized
purpose without our prior expressed written permission;
(m) using any device, software or routine to interfere
or attempt to interfere with the proper working of the
Site; (n) decompiling, reverse engineering,
disassembling or otherwise attempting to obtain the
source code for the Software; or (o) taking any action
that imposes an unreasonable or disproportionately large
load on Metro-Rentals.com's hardware and software
infrastructure (collectively, "Prohibited
Activities"). |
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| Compliance with Fair Housing Laws. All
Material is subject to federal fair housing laws, which
make it illegal to indicate in any advertisement any
preference, limitation, or discrimination because of
race, color, religion, sex, physical or mental
disability, and/or familial status. Your state
jurisdiction may also prohibit any preferences based on
sexual orientation, marital status, ancestry, source of
income, or other criteria. If you have any question
about the fair housing laws and housing discrimination
in general, please call your local fair housing agency
or the U.S. Department of Housing and Urban Development.
For a list of all fair housing groups, go to the Housing
Rights Center’s website at www.hud.gov. |
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| Advertising Agreement.
By listing your apartment
for rent through the Site, you acknowledge and agree to
all Advertising Terms and Agreements, which are
available
here. |
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| Warranty Disclaimer. YOU EXPRESSLY AGREE THAT
USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR
OWN RISK. METRO-RENTALS.COM, ITS AFFILIATES AND THEIR
RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE
SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE
LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM
USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE
CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND
METRO-RENTALS.COM, ITS AFFILIATES AND THEIR RESPECTIVE
THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF
NONINFRINGEMENT. ALL INFORMATION RELATED TO APARTMENTS
AVAILABLE ON THIS SITE IS SUPPLIED BY THE LANDLORD,
PROPERTY MANAGEMENT COMPANY OR OTHER THIRD PARTIES.
METRO-RENTALS.COM AND THE AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO
ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT AS TO
THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT;
AS TO THE ADVERTISED RENT, LEASE TERMS, SECURITY
DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN
APARTMENT ADVERTISED ON THE SITE. METRO-RENTALS.COM
CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION. METRO-RENTALS.COM
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT
ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL
APARTMENTS ARE SUBJECT TO PRIOR LEASE. ANY AND ALL
CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN
APARTMENT MUST BE ADDRESSED WITH THE LANDLORD AND/OR
PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE
APARTMENT. METRO-RENTALS.COM DOES NOT MAKE AND EXPRESSLY
DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES
TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT
LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES THAT YOU WILL LEASE YOUR APARTMENT, OBTAIN AN
ACCEPTABLE RENT FOR YOUR APARTMENT, ONLY RECEIVE
LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED
RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR
APARTMENT FOR RENT. FOR PURPOSES OF THIS WARRANTY
DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.
Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to
you. |
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| Limitation of Liability. METRO-RENTALS.COM,
ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES,
AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN
NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM
OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE
MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE
OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES
RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE
AGGREGATE MAXIMUM LIABILITY OF METRO-RENTALS.COM, ITS
AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES,
AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY
CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS
LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT
INCLUDE YOU. Some states do not allow the exclusion or
limitation of incidental or consequential damages of
implied warranties, so the above exclusion or limitation
may not apply to you. |
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| Termination of Service. You understand and
agree that in Metro-Rentals.com's sole discretion, and
without prior notice, your access to this Site may be
terminated or suspended, and Metro-Rentals.com may
exercise any other remedy available and remove any
Materials, if Metro-Rentals.com believes that your use
of the Site and/or any Materials you provide (a) violate
(i) these Terms of Service, (ii) the rights of
Metro-Rentals.com, any Affiliate or Licensor, or another
User, or (iii) any law or regulation, or are otherwise
objectionable or inappropriate or (b) constitute
fraudulent activity of any nature. You agree that
monetary damages may not provide a sufficient remedy to
Metro-Rentals.com for violations of these Terms of
Service, and you consent to injunctive or other
equitable relief for such violations without the
requirement that Metro-Rentals.com post a bond.
Metro-Rentals.com is not required to provide any refund
to you if you are terminated as an authorized User
because, in Metro-Rentals.com's sole discretion, you
have violated these Terms of Service. |
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| Miscellaneous. These Terms of Service may be
changed at any time and you will be notified of any such
changes by an updated posting of the new Terms of
Service on this page of the Site. Your continued use of
the Site after the posting of any amended Terms of
Service shall constitute your agreement to be bound by
any such changes. Metro-Rentals.com may modify, suspend,
discontinue or restrict the use of any portion of the
Site without notice or liability. These Terms of Service
will be governed by and construed in accordance with the
laws of the State of Ohio without regard to its
conflicts of law provisions. You hereby agree that any
cause of action you may have with respect to the Site
must be exclusively filed in the federal or state courts
located in Franklin County, Ohio, within one (1) year
after the cause of action arises or the cause is barred.
You hereby consent to personal jurisdiction in the
federal and state courts in Franklin County, Ohio, and
waive any objection based on forum non conveniens. As a
condition of using this Site, you agree that all causes
of action arising out of or connected with this Site
shall be resolved individually, without resort to any
form of class action. If for any reason a court of
competent jurisdiction finds any provision of these
Terms of Service, or portion thereof, to be
unenforceable, that provision of these Terms of Service
will be enforced to the maximum extent permissible so as
to affect the intent of the parties, and the remainder
of these Terms of Service will continue in full force
and effect. Failure by Metro-Rentals.com to enforce any
provision of this Terms of Service will not be deemed a
waiver of future enforcement of that or any other
provision of these Terms of Service. This Terms of
Service constitutes the entire agreement between the
parties regarding the subject matter hereof. Neither
this Terms of Service, nor any terms and conditions
contained herein, shall be construed as creating a
partnership, joint venture or agency relationship or
granting a franchise between the parties. IF YOU DO NOT
AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO
THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE
IMMEDIATELY. |
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