WEB SITE TERMS AND CONDITIONS
Last Revised: August 2, 2007
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, this Web site (the "Site") of Post Housing Corporation ("Post Housing"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Post Housing, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Post Housing for violations of these Terms.
Except as otherwise provided below, Post Housing reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, which will be indicated by a new revision date upon posting. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any questions or comments regarding the Site or its contents, please send an email to email@example.com.
- Compliance with Laws; Listing and Interactive Services
You agree to comply with all applicable laws in your use of the Site and any services made available through the Site (such as home rental, for sale by owner, and roommate listing services), including without limitation any fair housing, equal rights or opportunity, or other laws prohibiting discrimination. You agree not to post, email, or otherwise make available any text, images, videos, or other content on or through the Site that is offensive, inappropriate for general audiences, intended to facilitate illegal or harmful conduct, or otherwise irrelevant or inappropriate for the Site. This includes any content that is threatening, harassing, abusive, discriminatory, defamatory, libelous, invasive of another's privacy or rights of publicity, of a sexual or violent subject matter, infringing of a third party's intellectual property or other proprietary rights, unsolicited by the recipient, false or misleading, deceitful, designed to lure or harm others, or illegal. You further agree not to use any information obtained on or through the Site for any unlawful purposes.
If you post content to the Site, unless we indicate otherwise, you grant Post Housing and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any media. You grant Post Housing and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you post or you otherwise have the right to post such content to the Site; (b) such content is accurate and not misleading; and (c) use and posting of the content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
- Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Post Housing logo, and all designs, text, graphics, maps, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Post Housing or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where indicated it is prohibited) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Post Housing, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Repeat Infringer Policy
Post Housing has adopted a policy of terminating, in appropriate circumstances and at Post Housing's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Post Housing may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Thomas Zuchlewski
Full Address of Designated Agent to Which Notification Should be Sent: 9323 Martin Way East, Suite 112, Olympia, WA 98516.
Facsimile Number of Designated Agent: 360-528-8197
E-Mail Address of Designated Agent: firstname.lastname@example.org
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
Post Housing, posthousing.com, posthousing, the Post Housing and posthousing logos, and any other product or service name or slogan contained in the Site are trademarks of Post Housing and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Post Housing or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Post Housing" or any other name, trademark or product or service name of Post Housing without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Post Housing and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Post Housing or any of its products and services, or any users, properties, listings, agents, advertisements or advertisers in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Post Housing logo or other proprietary graphic of Post Housing to link to this Site without the express written permission of Post Housing. Further, you may not use, frame or utilize framing techniques to enclose any Post Housing trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Post Housing's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Post Housing or any third party.
Post Housing makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Post Housing and Post Housing is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Post Housing provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Post Housing of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- Third Party Content
Post Housing may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Post Housing does not monitor or have any control over any Third Party Content or third party Web sites. Post Housing does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Post Housing does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
- Listings, Advertisements and Promotions
Post Housing permits certain third parties, including other users and real estate brokers, to post property and rental listings, advertisements and promotions on the Site. Your business dealings or correspondence with, or participation in promotions of, such advertisers other than Post Housing, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Post Housing is not 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 non-Post Housing advertisers on the Site.
You acknowledge and agree that any materials (including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information) regarding the Site, Post Housing or any products or services that are provided by you in the form of email or other submissions to Post Housing, or any postings on the Site, are non-confidential and shall become the sole property of Post Housing. Post Housing shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Post Housing, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content you post, store or otherwise transmit on or through the Site ("User Content") or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Post Housing and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY POST HOUSING, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. POST HOUSING DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND OTHER SITE MATERIALS IN THE SITE. POST HOUSING DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. POST HOUSING DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
POST HOUSING IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, DESCRIPTIONS AND OTHER TEXT, MAPS, DIAGRAMS OR PHOTOGRAPHY. WHILE POST HOUSING ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, POST HOUSING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Post Housing reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, properties, property managers, brokers, listings, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Post Housing.
This Site is not a website of the United States or any other government or governmental entity, and Post Housing and this Site are neither affiliated with nor endorsed by the United States military.
- Limitation of Liability
IN NO EVENT SHALL POST HOUSING, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, OR THE USER CONTENT OR OTHER SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM POST HOUSING, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO POST HOUSING'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF POST HOUSING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO POST HOUSING FOR ACCESS TO OR USE OF THE SITE.
- Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Post Housing reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.