Last modified October 10, 2011

WELCOME TO RATE NY APARTMENTS

The www.ratenyapartments.com website (the “Website”) is operated by Rate NY Apartments, LLC (“RNYA”). The Website is conditioned upon your acceptance of the terms and notices contained herein (the “Terms of Use”). Your use of the Website constitutes your agreement to all such Terms of Use. Please read these Terms of Use carefully, and keep a copy of them for your reference.

USE OF THE WEBSITE

You must be at least eighteen years of age to use the Website. You acknowledge and agree that use of the Website is herein defined as using or attempting to use the Website, for any purpose, including but not limited to, reading, gathering information, posting content and/or doing research. If you are not yet eighteen years of age and/or do not accept the Terms of Use, please discontinue your use of the Website immediately

YOUR ACCOUNT

You can visit and enjoy the Website without creating an account however, by doing so, this limits your ability to participate in many of the features and/or functions. In order to contribute, access and/or use certain features or functions of the Website, you must create an account and password. This account and password is personal to you, therefore you are responsible for maintaining the confidentiality of your account and password. You hereby accept responsibility for all actions and activities that occur under your account and/or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that RNYA is not responsible for third party access to your account. You agree to immediately notify us if you become aware or believe there is any unauthorized use of your account and password. You may terminate your account at any time. Please read our Privacy Policy for more information regarding what happens to your content when doing so.

ELECTRONIC COMMUNICATIONS

When you create an account and/or send electronic communications, which includes but is not limited to, emails sent to RNYA, you thereby (a) consent to receive electronic communications from RNYA and (b) agree that any legal notices and/or communications that must be made in writing will be deemed said written notice when sent via email by RNYA and/or posted on the Website by RNYA.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, classifieds, articles, online communities, personal web pages, events, and/or other messages or communication facilities designed to enable you to communicate with others, either publically, privately or in groups (collectively, “Communication Services”). By using the Communication Services, you hereby agree that you will not take any inappropriate action, including but not limited to: defamation, abuse, harassment, stalking, threatening or otherwise limiting, impinging or infringing upon the legal rights of others (such as rights of privacy or publicity) publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful, material or information; uploading files that contain software or other material protected by intellectual property laws (and/or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents; uploading files that contain viruses, corrupted files, and/or any other similar software or programs that my damage the operation of another’s computer; advertising and/or offering to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; conducting or forwarding surveys, contests, pyramid schemes or chain letters; downloading any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner; falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restricts or inhibits any other user from using and enjoying the Communication Services; violating any code of conduct or other guidelines which may be applicable for any particular Communication Services; harvesting or otherwise collecting information about others, including e-mail addresses, without their consent; and/or violating any applicable laws or regulations.

RNYA reserves the right to monitor and review materials posted to the Communication Services and to remove any material in its sole and absolute discretion. RNYA reserves the right to (a) terminate your access to any or all of the Communication Services (b) delete any User Content (c) block IP addresses or deactivate your registration on the Site at any time without notice for any reason whatsoever in its sole and absolute discretion.

RNYA does not control or endorse the content, messages or information found in any Communication Service, and, therefore, RNYA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

RNYA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RNYA’ sole and absolute discretion.

CONTENT

“User content” is, but not limited to: any type of content such as text, images, pictures, video, audio, and any other additional means of communication submitted to the Website in the form of, but not limited to, ratings and reviews, listings, postings, opinions, information, posts, and/or tips.

All content must be appropriate. The following is strictly prohibited, but is not limited to violent content, threats or harassment, harmful and/or hateful language, stalking and/or harassing others, libel, illegal activity, bias and/or intentionally misleading, terrorist-related material, anything abusive, slanderous intent and/or ulterior motives, sexually explicit or sexually suggestive, exploiting minors, discrimination of race, culture, ethics, religion and so forth;

Users may not upload, transmit, and/or distribute content such as spam, chain letters, malicious code, including but not limited to viruses, spyware, spam, and other potentially harmful material, programs, and information that might interfere, impair, or modify the Website in any way.

You acknowledge and agree that you are responsible for any and all consequences resulting from User Content.  Materials and other User Content uploaded, inputted, posted and so forth may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations. You may expose yourself to liability if your content contains, inaccuracies, defamation and/or infringes upon another’s intellectual property, trademark, copyright, patent, moral right, trade secret, privacy, intellectual property and/or proprietary right.

By posting, uploading, inputting, providing or submitting, you are granting RNYA, and any affiliated companies and necessary sub-licensees, permission to use your User Content in connection with the operation of their Internet businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content; and to publish your name in connection with your User Content.

No compensation will be paid with respect to the use of your User Content, as provided herein. RNYA is not under obligation to post or use any User Content you provide, and may remove any User Content at any time in RNYA’ sole discretion.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

This Website may contain links to other websites (“Linked Sites”). The Linked Sites are not endorsed and/or under the control of RNYA and, as such, RNYA is not responsible for their content or information. Linked Sites’ privacy policy may vary from ours and they may obtain personal information from Users, in which case, RNYA does not assume any responsibility or liability. Users use Linked Sites at their own risk.

MATERIALS PROVIDED TO WEBSITE OR POSTED ON ANY RNYA WEBPAGE

In your sole discretion, you may connect your RNYA account to third-party accounts. By connecting your RNYA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless RNYA, its officers, directors, employees, agents and third parties, from and for any kind or type of loss, including but not limited to financial loses, profits, any costs of any type or kind, liabilities and/or expenses (including but not limited to reasonable attorneys’ fees) arising under or relating to your use of the Website, in any capacity, including but not limited to you use of or inability to use the Website and/or any services offered through and/or on the Website; any User Content made by you; your violation of any terms of this Terms of Use or your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. RNYA reserves the right, in its sole discretion, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RNYA in asserting any available defenses.

OWNERSHIP OF INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use. As a condition of your use of the Website, you warrant to RNYA that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use through the Website.

All content included as part of the Website, including but not limited to text, images, illustrations, graphics, logos, images, audio and video material, as well as the compilation thereof, and any software used on the Website is the property of RNYA and protected by the intellectual property rights laws of the United States, including but not limited to copyright, trademark, trade dress and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends and/or other restrictions contained in the Content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, on the Website. RNYA’s Content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of the Content; and in particular, you will not delete or alter any proprietary rights or attribution notices in any Content. You will use the Content solely for your personal use and will not make any other use of the Content without the express written permission of RNYA, which permission may be approved or denied in the sole and absolute discretion of RNYA. You acknowledge and agree that you have no ownership rights in the Content. RNYA does not grant you any licenses, express or implied, to the intellectual property of the Website and/or RNYA’s licensors, except as expressly authorized by these Terms of Use.

PRIVACY

By using the Website, you acknowledge that you have read RNYA’s Privacy Policy and agree to the terms of said Privacy Policy, which governs the Website and informs Users of our data collection practices.

TERMINATION/ACCESS RESTRICTION

RNYA reserves the right, in its sole and absolute discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to the exclusive jurisdiction and venue of court in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

You agree that no joint venture, partnership, employment or agency relationship exists between you and RNYA as a result of this Agreement or use of the Website. RNYA’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of RNYA’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by RNYA with respect to such use. 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.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and RNYA with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RNYA with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject, to the same conditions as other business documents and records originally generated, and maintained in printed form.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RNYA AND/OR ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO SUB-LICENSEES, MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. RNYA AND/OR ITS SUPPLIERS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RNYA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RNYA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THORUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRUCT LIABILITY OR OTHERWISE, EVEN IF RNYA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

CHANGES TO TERMS OF USE

RNYA reserves the right, in its sole and absolute discretion, to change the Terms of Use under which the Website is offered with or without notice. The most current version of the Terms of Use will supersede all previous versions. RNYA encourages you to periodically review the Terms of Use to stay informed of our updates.

CONTACT US

Rate NY Apartments welcomes your questions or comments regarding the Terms of Use.

RATE NY APARTMENTS

www.ratenyapartments.com
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