Agreement Between You and Washington DC Media, LLC. Properties:
CapitolHillDC.com is a technology platform owned and operated by Washington DC Media, LLC. All references to “CapitolHillDC.com” include Washington DC Media, LLC and its subsidiaries and affiliates. In the case of any violation of our Agreement, CapitolHillDC.com reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of this Website.
Our License to You:
CapitolHillDC.com hereby authorizes you to view, copy, download and print the information and data (“Materials”) available on this Website, provided that: (1) the Materials are not modified, republished, or redistributed; and (2) all copyrights, trademarks, service marks and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, any license or right under any patent, trademark or copyright of CapitolHillDC.com.
No Unauthorized Duplication:
Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written permission of CapitolHillDC.com.
“ CapitolHillDC.com” and any other trademarks, trade names, logos and service marks, including “CAPITOLHILLDC” displayed on this Website are the property of Washington DC Media, LLC. You are not permitted to copy or otherwise use these marks without the prior written consent of CapitolHillDC.com or Washington DC Media, LLC.
Access and Interference:
Much of the information on the Website is proprietary or is licensed to CapitolHillDC.com. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written consent of CapitolHillDC.com or Washington DC Media, LLC. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Website without the prior written consent of CapitolHillDC.com or Washington DC Media, LLC; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
No Unlawful or Prohibited Use:
*use the Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
* use the Website to advertise the property owned by another person unless you are the duly-authorized property manager, representative, or agent of the property owner, and can bind such property owner, and your representation of such person complies with all applicable laws;
* circumvent or manipulate our fee structure, the billing process, or fees owed to CapitolHillDC.com;
* distribute or post spam, chain letters, or pyramid schemes;
* distribute viruses or any other technologies that may harm CapitolHillDC.com or the interests or property of CapitolHillDC.com users;
* copy, modify, republish or distribute content from the Website or CapitolHillDC.com copyrights and trademarks;
* impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
* provide inaccurate contact information or other information relative to the property;
* harvest or collect information about users, including email addresses, without their consent;
* offer CapitolHillDC.com users concessions less favorable than those offered to non-CapitolHillDC.com users;
* transmit to CapitolHillDC.com or any user any information or materials of any kind that (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Links to Third-Party Websites:
The Website may contain links to websites operated by parties other than CapitolHillDC.com. CapitolHillDC.com does not control such websites and is not responsible for their contents. The Website's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of these third-party sites, you do so entirely at your own risk.
Reporting Intellectual Property Infringement:
CapitolHillDC.com respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please contact us. We reserve the right to remove content for any reason.
Although CapitolHillDC.com has attempted to provide accurate information on the Website, CapitolHillDC.com assumes no responsibility for the accuracy of the information. All information provided on this Website is provided "as is" without warranty of any kind, either express or implied. CapitolHillDC.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
Limitation on Liability:
Neither CapitolHillDC.com, or any of its respective directors, officers, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any CapitolHillDC.com advertisement, or damages from the use of or reliance on the information on this Website, even if CapitolHillDC.com has been advised of the possibility of such damages.
Modification of the Website:
CapitolHillDC.com reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. CapitolHillDC.com may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, CapitolHillDC.com reserves the right to change the terms, conditions, and notices under which this Website is offered at any time. Modified terms will automatically take effect. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
Because CapitolHillDC.com is an advertising venue, in the event that you have a dispute with one or more users, you release CapitolHillDC.com and its affiliates (and its respective directors, officers, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
Services Not Provided:
Without limiting the generality of the foregoing, you acknowledge and agree as follows:
1. CapitolHillDC.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on CapitolHillDC.com an obligation to perform any services other than those expressly undertaken by CapitolHillDC.com;
2. CapitolHillDC.com does not have a broker license anywhere in the United states, and does not render legal, brokerage, or other professional advice or services;
3. CapitolHillDC.com is not undertaking any, and has no, duties to either renters or lessors, including, without limitation, the obligation to inspect rental properties to verify the veracity of information contained in a listing, or to interview or otherwise screen renters;
4. CapitolHillDC.com does not guarantee the accuracy of any information available on this Website, and is not responsible for any errors, omissions, or misrepresentations, whether made by renters, lessors, third-party advertisers, or otherwise and all information obtained on this Website must be verified independently;
5. CapitolHillDC.com may change its products and/or services and this Website at any time and without notifying you or receiving your consent; and
6. While CapitolHillDC.com complies with applicable state and federal laws, including federal civil rights laws, CapitolHillDC.com cannot guarantee that its users so comply. Accordingly, CapitolHillDC.com assumes no liability for its users’ failures to comply with such laws.
You will indemnify and hold us (and our directors, officers, employees, agents, and affiliates) harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party in connection with your use of the Website; or incurred by us as a result of your default under this Agreement.
Default and Remedies:
Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due where applicable, we will have the right to exercise any or all of the following remedies: (1) we can remove any or all of your advertisements from the Website; (2) terminate this Agreement; (3) block your use of the Website; (4) impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) condition your continued use of the Website on a fee increase, submission of a security deposit, and/or fee prepayment; and (7) exercise any and all rights and remedies available to us at law and in equity.
Resolution of Disputes:
If a dispute arises between you and CapitolHillDC.com (including any of its subsidiaries or affiliates), you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with alternative dispute resolution procedures, including the Arbitration Option below or as we and you otherwise agree in writing.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims:
All Claims you bring against us must be resolved in accordance with the Resolution of Disputes section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, CapitolHillDC.com may recover attorneys' fees and costs, provided that CapitolHillDC.com has notified you in writing of the improperly filed Claim and you have failed to promptly withdraw the Claim.
Except as explicitly stated otherwise, legal notices shall be served on CapitolHillDC.com (in our case) or to an email address you provide to CapitolHillDC.com (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
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