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Terms of Use
General
Network Communications, Inc. ("NCI") is pleased to give you access to its
Apartment Magazine Website, www.aptmag.com (the "Site"), free of charge. Your
use of the Site, and all information, products and services on this Site
(collectively, the "Services") are subject to the binding legal terms set forth
below ("Terms"). You understand we may update these Terms from time to time
without giving you any notice. Unless we let you know by giving you notice, any
new features or updated Services that we put on the Site will be subject to
these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH
BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT
USE THE SERVICES FOR ANY PURPOSE. The Site contains links to other Websites.
Your use of such other Websites is subject to the Terms of Use, if any,
contained within each such Website. If there is any conflict between the Terms
set forth below and any Terms or notices set forth on any other Website, then
the terms of such other Website will control your use of that Website. Please
review the Terms of Use for each Website so that you understand all of the
terms that will apply.
In order to use the Services, you need Internet access. You also need equipment
to access the Services, including computer, modem and other devices. You are
responsible for the costs of your Internet access and the equipment needed, and
NCI is not responsible for any of these costs.
Although we attempt to make sure all of the information on the Site, including
but not limited to rental rates, price, square footage, photos, elevation and
floorplan images, and lot size, is accurate, by continuing to use this Site,
you acknowledge, understand and agree that it may not be current, accurate, or
complete and that Network Communications, Inc. and its suppliers do not warrant
or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY
VERIFYING ALL INFORMATION ON THE SITE BEFORE RELYING ON THAT INFORMATION IN ANY
MANNER.
Privacy
Any information that we may collect from you during your use of the Site is
subject to our Privacy Policy. We encourage you to read and understand our
Privacy Policy which can be accessed at Privacy Policy.
Registration
If you decide to become a registered user of the Site, you will be asked to
give us some information about yourself. If you are not registered with us,
please register and become eligible for our enhanced registrant benefits.
During the registration process, you agree to give us true, accurate and
complete information about yourself, and to promptly update this information
when it changes. If you do not update it, we may suspend or terminate your use
of the Site as explained below. Any personal information that you provide to us
is subject to the terms of our Privacy Policy.
Account Information and Password Protection
When you register, you will be assigned your email address as your user name
and you will select a password so that you can access your account with us. You
agree that you will keep this information confidential. You are completely
responsible for maintaining the confidentiality of your password and for all
activities undertaken with your account and password. You agree to log off of
the Services at the end of each session to prevent fraud on your account by
third parties. If you think there has been unauthorized use of your account or
password, you agree to immediately notify NCI and cooperate with us to resolve
it. You understand that if you do not follow the terms of this paragraph, we
may suspend or terminate your use of this Site as explained below. You
understand that we are not responsible in any way, and will not be liable to
you or to any third person, if you do not comply with the terms of this
paragraph.
How You Can Use the Services
You may use the Services on the Site for your personal use. You may make a
single copy of the individual screens you see when you use the Services, but
only for your personal use, and not for further distribution or transfer to
others. You may not-and agree not to-modify, reformat, copy, display,
distribute, transmit, publish, license, create derivative works from, transfer
or sell any information obtained from the Services, except as set forth in this
Agreement.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in
the paragraph above, when you use the Site you are not receiving a license or
any other rights from us, including intellectual property or other proprietary
rights of NCI. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY
OTHER NCI PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
Protecting Children
NCI strives to create a truly safe place for children on the Internet and over
the airwaves. Parental control protections (such as computer hardware, software
or filtering services) are commercially available that may assist parents in
limiting access to content that may be harmful to minors.
Conduct of Registered Users and Visitors
We believe that all registered users and visitors benefit from basic rules
regarding conduct while using any of the e-mail services so that everyone feels
free to share opinions and ideas. The free flow of ideas is jeopardized when a
few individuals act irresponsibly. To help everyone have a positive experience,
we ask, and you agree, to follow the following basic rules of conduct when
using the Site:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no NCI employee will ever ask
for it) and you will not provide your billing or credit information except to
make a purchase;
(3) You will not harass, threaten or abuse other people when using the Site in
any manner;
(4) You will not e-mail any User Content that is obscene or may be hateful or
offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or
distasteful; or is defamatory, libelous, or invades another person's privacy or
proprietary rights, including any patent, trademark, trade secret, or
copyrights of any party;
(5) You will not attempt to harvest any screen names of e-mail addresses for
any commercial use;
(6) You will not collect or store personal information about any other
individual on the Site, or otherwise stalk, repeatedly contact or harass
another user;
(7) You will not impersonate any other person or misrepresent a relationship
with any person or entity, including misrepresenting a relationship with NCI;
similarly, you will not adopt a false identity if the purpose of doing so is to
deceive or defraud another;
(8) You will not use the Services to harm minors in any way, or encourage
interactions with minors of a sexual nature;
(9) You will not manipulate the Services so as to hide your identity or
participation in Services on the Site (by using another person's identity,
changing headers, or otherwise modifying any other possible identifier);
(10) You will not send any bulk unsolicited advertising, promotional
information, e-mail or other solicitation (including without limitation junk
mail, "spam," chain letters or pyramid schemes of any sort) to any person
through the use of the Services.
Please report any violations of these Terms to
webmaster@livingchoices.com.
If you violate any of the guidelines set forth above, or any other aspect of
these Terms, we reserve the right to suspend or terminate your rights to use
the Services without giving you any notice. In the event that your service is
terminated, you will immediately lose access to any information that may be on
the system. YOU UNDERSTAND THAT NCI IS NOT RESPONSIBLE FOR YOUR INABILITY TO
ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF
TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR
ERRORS; OR ANY OTHER REASON.
Disclosure of Your Identity
From time to time we may receive requests to disclose the identities of our
users. We only will disclose the identities of ours users or other personally
identifiable information in accordance with the terms of our Privacy Policy.
See Privacy Policy.
Indemnity
You understand that you are personally responsible for your behavior while on
the Site , and agree to indemnify and hold NCI and its affiliates and their
officers, directors, employees and agents harmless from and against any loss,
damage, liability, cost or expense of any kind (including attorneys' fees) that
we may incur in connection with a third party claim or otherwise, in relation
to your use of the Services, or your access to the Site, or your violation of
either these Terms or the rights of any third party.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE
SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU
EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD
PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE
SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND
ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT
NCI MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE. YOU UNDERSTAND THAT NCI DOES NOT WARRANT THAT THE RESULTS
OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY
OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER
SET FORTH IN THIS DOCUMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NCI DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR
ACCESSIBLE FROM THE SITE.
Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NCI OR ITS
AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR
ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF
USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR
PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE,
INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE
OR THE SERVICES, EVEN IF NCI HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF
SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT,
UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Access Restrictions; Termination
We can terminate your access to the Site or the Services at any time.
We can also change these Terms at any time, and your continued use of the
Services after any change we make will mean that you agreed with the changes.
Notice to you may be made by displaying notices or links to notices to you
generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE,
PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
Scheduled and Unscheduled Site Down Times
In order to ensure that you have the latest information and the best
tools for your new home search, livingchoices.com regularly performs site
maintenance. Our scheduled maintenance window is every Wednesday from 1AM to
5AM Central time. However, there may be other delays and service interruptions
from time to time. We apologize for any inconvenience this may cause you. If
you have questions regarding this, please contact
webmaster@livingchoices.com.
Copyrights
All content on the Site is owned by Network Communications, Inc. and/or its
licensees and protected by applicable law, with all rights reserved. NCI takes
the protection of intellectual property rights, including copyrights, very
seriously. NCI will terminate your access to, or use of, the Site and/or the
services, without notice to you, if you infringe or misappropriate the
intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code,
Section 501 et seq., copyright owners or their authorized agents may submit a
complaint of alleged copyright infringement to NCI if they have a good-faith
belief that their protected works are being infringed. NCI will respond to all
such notifications that are sent to:
Network Communications, Inc.
2305 Newpoint Parkway
Lawrenceville, GA 30043
Attn: Copyright Disputes
(770) 962-7220
(770) 822-4327 (fax)
webmaster@livingchoices.com
To be effective, the notification must be a written communication that includes:
• A physical or electronic signature of a person authorized to act on behalf of
the owner of a right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single Website are covered by a single
notification, a representative list of such works at that Website;
• 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;
• 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;
• 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
• 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.
Upon receipt of such notification, NCI shall promptly investigate the matter,
and, if appropriate, remove or disable access to the allegedly infringing
material. After NCI removes or disables access to such material, if such
material was posted by a user of the Site, NCI will notify the party that
posted the material of its action. Such party may then provide NCI's designated
agent proper "counter-notification" stating his, her or its authority to post
the allegedly infringing material, which NCI will forward to the alleged
copyright owner. NCI will inform the alleged copyright owner that NCI will
repost the removed material or cease disabling access to it in ten to fourteen
business days unless the alleged copyright owner sends a second notification to
NCI's designated agent stating that it has filed suit against the alleged
infringer.
An effective counter-notification must be sent to NCI's designated agent, whose
name and address are listed above. The notice must include the following
information:
• The counter-notifying party's physical or electronic signature;
• Identification of the material that has been removed or disabled and the
location where the material was before its removal or disablement;
• A statement, under penalty of perjury, that the party has a good faith belief
that the material was removed or disabled as a result of mistake or
misidentification; and
• The counter-notifying party's name, address, phone number, and a statement
that the party consents to the jurisdiction of the federal court in its
district, or if the subscriber is foreign, it consents to any jurisdiction
where NCI is subject to jurisdiction, and that the subscriber will accept
service of process from the person who provided NCI with notification or an
agent of such a person.
Equal Housing Opportunity
All real estate advertising on the Site is subject to the Fair Housing Act,
which makes it illegal to advertise any preference limitation or discrimination
based on race, color, religion, sex, handicap, familial status or national
origin, or an intention, to make any such preference, limitation or
discrimination. Familial status includes children under the age of 18 living
with parents or legal custodians; pregnant women; and people securing custody
of children under 18.
NCI will not knowingly accept any advertising for real estate which is in
violation of the law. All visitors to the Site are hereby informed that all
dwellings advertised in this Site are available on an equal opportunity basis.
To complain of discrimination call the U.S. Department of Housing and Urban
Development toll-free at 800-669-9777. The toll-free telephone number for the
hearing impaired is 800-927-9275.
Trademarks
The Real Estate Book, Apartment Finder, Mature Living Choices, New Home Finder,
Corporate Choices, Unique Homes , Black’s Guide, Living Choices and
LivingChoices.com are trademarks of Network Communications, Inc. Other
trademarks are the property of Network Communications, Inc. or their respective
owners.
Miscellaneous
These Terms are the entire agreement between you and NCI. They supersede any
and all prior or contemporaneous agreements between you and NCI relating to
your use of the Site or the Services. If any part of these Terms is determined
to be invalid or unenforceable, it will not impact any other provision of these
Terms, all of which will remain in full force and effect. These Terms are
governed by, and will be interpreted in accordance with, the laws of the State
of Georgia, without regard to any choice of law provisions. You agree that,
with the exception of injunctive relief sought by NCI for any violation of
NCI's proprietary or other rights, any and all disputes relating to these
Terms, your use of the Site or the Services shall be resolved by arbitration in
accordance with the then-current rules of the American Arbitration Association
(the "AAA") before an independent arbitrator designated by the AAA. The
location of arbitration shall be Lawrenceville, GA, USA. You can direct any
questions concerning these Terms to:
Network Communications, Inc.
2305 Newpoint
Parkway Lawrenceville, GA 30043
Attn: Website Terms
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