Terms of Use

Introduction

Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the ApartmentJobs.com Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with ApartmentJobs.com, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of January 1, 2006.

Binding Agreement.

These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by ApartmentJobs.com) form a binding agreement (the "Agreement") between you and Apartment Gear, Inc. (d.b.a.; ApartmentJobs.com). Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

Acceptable Use

General Use

The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of ApartmentJobs.com's intended and acceptable use of the Site. ApartmentJobs.com is the sole interpreter of the Site’s intended and acceptable use

License to Use by Users who are Job Seekers

ApartmentJobs.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. ApartmentJobs.com reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

License to Use by Users who are Employers

ApartmentJobs.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Resume Database) provided by ApartmentJobs.com to any third party without the express written authorization of ApartmentJobs.com. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. ApartmentJobs.com reserves the right to suspend or terminate your access and use at any time if ApartmentJobs.com determines that you are in breach of any of these Terms and Conditions.

Other Specific Rules

You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.

Rules for Posting, Conduct and Security

You agree to comply with the "Rules" for posting, conduct and security on the Site, attached below as Exhibit A.

Intellectual Property Rights

The Site and all right, title and interest in and to the Site is the sole property of ApartmentJobs.com or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, ApartmentJobs.com reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "ApartmentJobs.com," the ApartmentJobs.com logo and certain other names or logos are service marks or trademarks of Apartment Gear, Inc., and all related product and service names, design marks and slogans are the service marks or trademarks of Apartment Gear, Inc.. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Apartment Gear, Inc.'s trademarks, service marks and copyrights. All other logo, product and service marks contained on the Site are the trademarks of their respective owners.

Disclaimers and Limitations on ApartmentJobs.com's Liability

Allocation of Responsibility

ApartmentJobs.com assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. ApartmentJobs.com acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, ApartmentJobs.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. ApartmentJobs.com has no liability or responsibility to Users for performance or nonperformance of such activities. ApartmentJobs.com may take any action with respect to User submitted information that it deems necessary or appropriate, at its sole discretion.

No endorsements by ApartmentJobs.com

Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

No Guaranty of Results

ApartmentJobs.com is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. ApartmentJobs.com does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason, made by any User.

WARRANTY DISCLAIMERS

(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. APARTMENTJOBS.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APARTMENTJOBS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) ApartmentJobs.com DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ApartmentJobs.com IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) ApartmentJobs.com makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) ApartmentJobs.com makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL APARTMENTJOBS.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APARTMENTJOBS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN APARTMENTJOBS.COM'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL APARTMENTJOBS.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$100.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICE AGREEMENT WITH APARTMENTJOBS.COM, THE AMOUNTS ACTUALLY PAID BY YOU TO APARTMENTJOBS.COM UNDER THIS AGREEMENT IF GREATER THAN US$100.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that ApartmentJobs.com will be entitled to equitable relief upon a breach of this agreement by you.

Payment of Services upon Termination of Service Agreement.

If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by ApartmentJobs.com, ApartmentJobs.com shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.

Links to Other Sites

ApartmentJobs.com contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by ApartmentJobs.com of the contents on such third-party web sites. ApartmentJobs.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Amendments to this Agreement and Changes to Site

ApartmentJobs.com may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by ApartmentJobs.com unless ApartmentJobs.com agrees to them in a signed writing specifically including those new or different terms. ApartmentJobs.com may change the Site at any time.

Indemnity

You agree to defend, indemnify, and hold harmless ApartmentJobs.com (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. ApartmentJobs.com shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

User Information

The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through ApartmentJobs.com’s on-line operations only. Please note, as set forth in the Privacy Policy, that ApartmentJobs.com may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, ApartmentJobs.com reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

Questions and Notices

Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for ApartmentJobs.com, to the address listed on the Site, and, for you, to the address submitted by you or such other address as ApartmentJobs.com reasonably determines is an appropriate address for you.

General

ApartmentJobs.com contact information is listed on the Site. The ApartmentJobs.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access ApartmentJobs.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between You and ApartmentJobs.com is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by ApartmentJobs.com in a particular "Legal Notice," or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and ApartmentJobs.com.

Exhibit A -Rules regarding Posting, Conduct and Security

While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization:

• Post any inaccurate, untimely, stale, incomplete or misleading information.
• Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office.
• Post any employment opportunities that are not Property Management, or are outside the Property Management field or supporting suppliers/vendors.
• Key code (by overuse of a skill set, term or definition within a job ad, profile, resume or otherwise in an effort to gain priority placement of a posting), copy other job ads as your own, post the same position multiple times on the Site or post multiple positions within one posting.
• Place any contact information within a job ad that is different from or in addition to contact information provided when subscribing to the apartmentjobs service.
• Post any employment opportunity that does not contain a company URL, e-mail address or "apply online" application.
• Resell or make available to any person not expressly licensed by apartmentjobs, whether via phone, fax, e-mail, mail or any other medium, any of the apartmentjobs services or any information obtained therefrom, including without limitation the Hotlist, resumes or candidate information.
• Share passwords, login information or named user identification or otherwise allow multiple offices or users to access the apartmentjobs service on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the apartmentjobs service under express license from apartmentjobs.
• Use any search engine, software, tool, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (other than those made available by apartmentjobs on the Site or other generally available third party web browsers, e.g., Netscape Navigator or Microsoft Internet Explorer), to navigate or search the Site.
• Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to apartmentjobs job seekers or subscribers.
• Express or imply that any statements you make are endorsed by us.
• Impersonate any person or entity, including, without limitation, an apartmentjobs employee or agent, a user of apartmentjobs's services, including a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
• Respond to a job listing on behalf of anyone other than yourself.
• Delete or revise any material posted by any other person or entity.
• Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
• Post or transmit (a) any incomplete, false or inaccurate biographical information or information that is not your own accurate resume (i.e., the resume of a living individual seeking employment on a full-time or part-time basis on his or her own behalf); (b) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; (d) any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; (e) any trade secret of any third party; or (f) any material, nonpublic information about companies without the authorization to do so.
• Post or transmit any job advertisement or posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification; including post or transmit any job advertisement or posting that require a visa as a condition of employment; or that require United States citizenship or lawful permanent residence in the United States as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
• Use the Site for any unlawful commercial, research or information gathering purposes.
• Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
• "Frame" or "mirror" any part of the Site.
• Link to any page of or material on the Site other than the URL located at http://www.apartmentjobs.com/.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
• Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.

Violation of security rules may result in civil or criminal liability. ApartmentJobs.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.