These Terms and Conditions were last revised November 27, 2012.
YOUR USE OF THE SITE
The Site is provided for informational purposes and as a platform for users to communicate with other users regarding topics of common interest. You agree that your use of the Site will at all times be in accordance with these Terms. You agree not to do any of the following:
- Post any material that is offensive, untrue, libelous, slanderous, defamatory, harassing, in any way in furtherance of illegal activity, or otherwise objectionable;
- Violate any applicable law, statue, ordinance or regulation;
- Post or transmit any material you do not have the authority to post or transmit under any law, contractual duty or fiduciary relationship, including without limitation, post or transmit any material that infringes a third party’s intellectual property rights, rights of publicity or privacy; or
- Use the Site in any manner other than as expressly permitted under these Terms.
You understand and acknowledge that The Housing Forum reserves the right, in its sole discretion, to make improvements to, or correct any errors or omissions in, or delete in whole or in part any portion of the Site content to which it has control (which shall include without limitation, entries in forums and comments posted to articles), but shall have no obligation to take any such action and shall not be liable for any materials posted to the Site. You understand and agree that we are not responsible in any way for the manner or content of communications between you and third parties. We do not verify, nor do we make any representations regarding materials (including without limitation as to the accuracy or completeness of any such materials) posted on the Site.
By posting material anywhere on the Site, you are warranting that you are the owner of the material or have full authority to post the material. You also expressly grant us a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works therefrom, transmit, distribute, perform, display and delete such material (in whole or in part) worldwide and/or to incorporate the material in other works in any form, media or technology now known or hereafter developed.
You are not being granted a license under any copyright, trademark, patent or other intellectual property law in any materials or marks on the Site. All such rights are retained by The Housing Forum and/or any third party owners of such rights.
THIRD-PARTY CONTENT ON THE SITE
References that we make to any names, marks, products or services of third parties or hypertext links to third-party websites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer on or in connection with the Site.
LINKS TO OTHER SITES
Links to external websites are provided within the content on the Site as a convenience to users. The listing of an external Site does not imply endorsement of the Site by The Housing Forum or its affiliates. The Housing Forum does not make any representations regarding any of the websites to which we provide links, including but not limited to representations regarding availability and performance, compliance, legality or quality. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. The Housing Forum and its affiliates are not responsible for the content, functionality, or technological safety of these external websites. We reserve the right to disable links to or from third-party websites on our Site, but you acknowledge and agree that we have no obligation to do so.
AVAILABILITY OF THE SITE
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. We retain the right at our sole discretion to deny service, or access to the Site to anyone, at any time and for any reason.
Our company name and logos and all related products and service names, design marks and slogans are trademarks and service marks (“Marks”) owned by and used under license from The Housing Forum. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Site or materials on the Site must bear any copyright, trademark or other proprietary notice located on the Site that pertains to the material being copied. You are not authorized to use any Mark or other proprietary property of ours in any advertising, publicity or in any other commercial manner without the prior written consent of The Housing Forum.
DESIGNATED AGENT FOR NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT
Pursuant to 17 United States Code 512(c)(2) (the Digital Millennium Copyright Act of 1998), our designated agent for notice of alleged copyright infringement appearing on our Site is our normal contact email [email protected] To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://www.loc.gov/copyright/legislation/dmca.pdf.
ANY USE OF THE SITE AND/OR RELIANCE UPON ANY MATERIALS ON THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE HOUSING FORUM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON OR THROUGH THE SITE.
THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE HOUSING FORUM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THOSE REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. THE HOUSING FORUM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT IS LIMITED TO FIFTY DOLLARS ($50.00).
IN NO EVENT SHALL WE BE LIABLE TO ANY USER FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF THE HOUSING FORUM IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE HOUSING FORUM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
CHANGES TO THE TERMS AND SITE
We may periodically change the Terms without notice, and you are responsible for checking the Terms periodically for revisions. We will specify the last revision date at the top of the Terms. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent to the changes.
We may make improvements and/or changes in any products, services and/or programs provided by or described on the Site and the materials on the Site at any time without notice.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including any use by you of the Site to commit infringement of the intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
GOVERNING LAW AND JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the State of Montana, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to the personal jurisdiction in the courts of the State of Montana.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. The section headings used herein are for convenience only and shall be of no legal force or effect. These Terms constitute the entire agreement between you and us and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by you and The Housing Forum. No waiver by either you or us of any breach or default or failure to exercise any right allowed under these Terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms.
The Housing Forum reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. The Housing Forum reserves the right to seek all remedies available at law and in equity for violations of these Terms.