Agreement
Between You and WashingtonDC Media, LLC. Properties:
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 WashingtonDC
Media, LLC. All references to “CapitolHillDC.com” include WashingtonDC
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.
Trademarks:
“ CapitolHillDC.com” and any other trademarks, trade names, logos
and service marks, including “AtlasDistrict” displayed on this Website
are the property of WashingtonDC Media, LLC. You are not permitted to copy or
otherwise use these marks without the prior written consent of CapitolHillDC.com
or WashingtonDC 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 WashingtonDC 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 WashingtonDC 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:
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.
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