| |
Agreement Between You and CapitolHillDC.com:
By using the Website, you explicitly accept these Terms of Use. We strongly
recommend that, as you read these Terms of Use, you also access
and read the information contained in the other pages referred to
in this
document, as they may contain further terms and conditions that
apply to you. In some cases, we and a user may enter into a separate
written
agreement or contract providing other terms and conditions of our
Agreement and incorporating these Terms of Use by reference. The
term “Agreement” shall
mean the agreement formed between you and us pursuant to these
Terms of Use and the Privacy Policy,
any other terms and conditions posted on the Website, and any other
written agreement
between you and us. For purposes of this Agreement, the term “Website” includes
any current or future co-branded websites, affiliated websites,
and private-label websites, in which CapitolHillDC.com may participate.
All amended terms automatically take effect.
Violations:
CapitolHillDC.com is a technology platform owned and operated by
Media Seven LLC. All references to “CapitolHillDC.com” include Media
Seven 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. Trademarks:
“
CapitolHillDC.com” and any other trademarks, trade names, logos and
service marks, including “CapitolHillDC” displayed on this
Website are the property of Media Seven LLC. You are not permitted to copy
or otherwise use these marks without the prior written consent of CapitolHillDC.com
or Media Seven 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 Media
Seven 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 Media Seven 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:
As a condition of your use of this Website, you will comply with
all applicable laws, statutes, ordinances and regulations regarding
your
use of our service
and any related activities, including the Fair Housing Act.
In addition, you warrant that you will not use this Website in any
way prohibited
by these terms of use. In addition, you will not:
*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. General Disclaimer:
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. Privacy:
We will only use your information as described in
the Privacy Policy. We will not sell or rent your
personal
information
to third parties
for their
marketing purposes without your express consent.
Release:
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. Indemnity:
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. Arbitration Option:
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. Notices:
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. General:
By using this Website and agreeing
to the Terms of Use, you are
also agreeing to
abide by our
Privacy
Policy and all
other agreements
and policies posted
on this Website. In our sole
discretion, we may assign
the Agreement. Headings are for
reference purposes only and do
not limit the
scope or extent of
such section. Our failure to
act with respect to a breach by you
or others
does not waive
our right
to
act with
respect to subsequent
or
similar
breaches. No agency, partnership,
joint venture, employee-employer
or franchiser-franchisee
relationship is intended or created
by
this
Agreement. If any
part of this Agreement is determined
to be invalid or unenforceable
pursuant to applicable
law including, but not limited
to, the warranty disclaimers
and liability
limitations
set
forth above, then the
invalid or unenforceable
provision
will be deemed superseded by
a valid enforceable
provision that most closely matches
the intent of the original
provision and
the
remainder
of the Agreement
shall continue in effect.
|
|
