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Terms & Conditions

Terms & Conditions

Purpose

THIS AGREEMENT INCLUDES A DISPUTE RESOLUTION CLAUSE UNDER WHICH CERTAIN CLAIMS WILL BE RESOLVED BY ARBITRATION OUT OF COURT WITHOUT A JURY. PLEASE READ THE AGREEMENT CAREFULLY.

1. Acceptance of the Terms and Conditions

Apartment Locators, Inc. (“Apartment Locators”, “we” or “us”) operates this website and any related smartphone or mobile application (collectively, the “Website” or the “Site”) and the associated sitesoffered through the Website (the “Services”). These terms and conditions are entered into by and between you and Apartment Locators. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Agreement”), govern your access to and use of the Website and the Services, whether as a guest or a registered user.

Please read this Agreement carefully before you start to use the Website. By using the Website or the Services, or by clicking to accept or agree to this Agreement when this option is made available to you, you agree to comply with and be bound by this Agreement, our Privacy Policy, found at https://www.nashapartments.com.com/privacy-policy, incorporated herein by reference (the "Privacy Policy"), and such other policies and procedures as may be incorporated herein under Section 8 of this Agreement. If the individual clicking to accept or agree to this Agreement is doing so on behalf of an entity and registers such entity with this Website, then you (the individual) represent and warrant that you have authority https://www.nashapartments.com.com/privacy-policy to bind such entity and enter into this Agreement on its behalf, and all further references to "you" shall be to such entity. If you do not agree to this Agreement or the Privacy Policy, you must not access or use the Website or the Services.

The Website and the Services are offered and available to users who are 18 years of age or older. By using the Website or the Services, you, the user, represent and warrant that you are of legal age to form a binding contract with Apartment Locators and meet all of the eligibility requirements set forth herein. If you do not meet these requirements, you must not access or use the Website or the Services. Each of Apartment Locators's service clients may be subject to one or more separate written agreements with Apartment Locators or with each other (each, a "Service Agreement"). This Agreement applies only to use of the Website and the Services and in no way affects the terms and conditions of any Service Agreement.

2. Changes to the Terms and Conditions

This version of this Agreement became effective on December 20, 2019 and amends, restates and replaces any version effective prior to such date. We reserve the right, in our sole discretion, to modify this Agreement, in whole or in part, at any time, with respect to your use of the Website and Services following amendment. Notification of any amendment will be posted on the Website and will be effective immediately. You are under an obligation to review the current version of this Agreement and other Apartment Locators policies each time before using the Website or the Services. All amendments are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter. Your use of the Website or the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

3. Subscription Information; Payment for Certain Services

To subscribe for certain Services and obtain access to password-protected areas of the Website, you must establish a Apartment Locators account by providing us with current, complete and accurate information as prompted by the online enrollment form and by selecting a password, the confidentiality of which shall be your responsibility. You may not use anyone else’s Apartment Locators account in connection with your use of the Services, or permit anyone else to use the Services or to access password-protected areas of the Website using your Apartment Locators account. You agree to notify Apartment Locators immediately of any actual or suspected unauthorized use of your Apartment Locators account, or any other breach of security.

4. Conditions on Using the Website and the Services

The Website and the Services provide only a neutral online venue which landlords, landlord representatives, brokers, property managers, sub-lessors (collectively, “Listing Parties”) and potential renters can use to find and exchange information in connection with potential transactions involving real estate and, if they choose, to arrange transactions with one another. Apartment Locators does not counsel parties to real estate transactions, assess the qualifications of potential tenants, show properties, or negotiate rental or sales contracts on or through the Website or Services. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Apartment Locators and any user of the Website or Services. Additionally, real estate transactions are complicated and are governed by various laws, practices and customs. Users are advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and completion of any real estate transaction.

The Website may from time to time provide the opportunity for you to order, purchase, or receive services from third parties, for example, searching roommates or referral to affiliates. You agree that Apartment Locators is not a principal, partner, joint venturer or agent (other than for purposes of collection or refund of payments) in connection with the provision of such services, and that you will look solely to such third parties in connection with the provision of such services.

Although we may offer features through the Services (including through third-party service providers we engage) which are intended to assist Listing Parties and potential renters to assess the appropriateness of, and to negotiate and consummate transactions among themselves, Apartment Locators does not conduct any screening, background investigations or credit checks on any individual's character, creditworthiness or rental history, nor any investigations of the existence or actual state of any property listed. All aspects of transactions between users of the Website and Services, including the existence, quality, safety or legality of the properties advertised, the truth or accuracy of listings, the ability of Listing Parties to rent a property or the ability of renters to pay for rental properties are solely the responsibility of each user and therefore users of the Website and the Services should perform all appropriate due diligence, including visiting in person any listed property, before entering into a rental contract or any other transaction with respect to such property.

5. Agreement to Receive Marketing Messages and Opt-Out

When you use Apartment Locators Services, you are giving your prior express consent (“Opting In” or your “Opt-In”) to have Apartment Locators send SMS text messages to you consistent with these Terms and Conditions, including these terms. In particular, by Opting In, you agree with and accept the following terms:

  • You expressly authorize Apartment Locators to use both autodialer and non-autodialer technology to send text messages to the cell phone number that you provide and/or the cell phone number(s) associated with your Apartment Locators account.
  • You authorize Apartment Locators to include marketing content in any text messages.
  • You authorize Apartment Locators to create and retain an electronic record of your Opt-In. You may view the electronic record of your Opt-In by contacting Apartment Locators at support@nashapartments.com
  • You confirm that you are the subscriber to the relevant cell phone number(s) or that you are an authorized user of the number(s).
  • You acknowledge and agree that standard message and data rates may apply to text messages sent by Apartment Locators.
  • You agree that Apartment Locators can terminate your participation in any text message program or service at any time and for any reason.
    • You can opt-out of receiving autodialed text messages from Apartment Locators by:
    • Replying STOP.
    • If you opt-out of receiving autodialed text messages from Apartment Locators, we may send you a final autodialed text message to confirm your opt-out request.

    When you provide Apartment Locators with your email address, you are giving Apartment Locators your express consent to send you emails, including marketing emails. You may opt-out of receiving marketing emails at any time by clicking the opt-out link at the bottom of an email, or by contacting us at support@nashapartments.com and specifying that you would like to opt-out of receiving marketing emails.

    6. Proprietary Rights; Restrictions on Use

    All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.

    The Apartment Locators name, the Apartment Locators logo, and all related names, logos, product and service names, designs and slogans are registered or unregistered trademarks of Apartment Locators or its affiliates or licensors, and may not be used in connection with any service or products other than those provided by Apartment Locators, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Apartment Locators. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.

    The Website and Services are the property of Apartment Locators. Except as expressly provided below in the case of User Data (as defined below), all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the "Site Content") are owned by Apartment Locators, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Apartment Locators authorizes you to use the Services and access, view, use, download and print the Site Content subject to the following conditions:

    1. You may use the Services, and download, access and print the Site Content, only in reasonable limited quantities for your personal, non-commercial use;
    2. You may not modify the Site Content;
    3. Any displays or print outs of the Site Content must be marked "© Apartment Locators, Inc. 2011-2020. All rights reserved.";
    4. You may not remove or alter any copyright, trademark or other proprietary rights notices that have been placed in the Site Content.

    Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Services, the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Apartment Locators. If you violate any of the foregoing conditions, your right to use the Services and the Site Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or the Site Content is transferred to you, and all rights not expressly granted are reserved by Apartment Locators. Any use of the Services or the Site Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree, and represent and warrant, that your use of the Services, the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.

    We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:

    1. Terminate your access to our Services
    2. Deactivate or delete any of your accounts and all related information and files in such accounts
    3. Bar your access to any of such files or Services.

    7. Your Data

    You are solely responsible for all data that you upload or transmit with us through the Website or the Services (collectively, the “User Data”). Do not transmit User Data for which you do not have permission to send to Apartment Locators. You are responsible for creating backup copies of any User Data. By providing us with User Data you:

    1. Agree to provide only true, accurate, current and complete information about yourself and not to misrepresent your identity or your Apartment Locators account information;
    2. Authorize us to make copies as we deem necessary in order to provide the Services;
    3. Give us, and you promise that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use your User Data for the purpose of delivering the Services;
    4. Acknowledge and agree that any User Data submitted through the Website will be used in accordance with the Privacy Policy, described below, and that you will not submit User Data containing any sensitive data relating to your race, color, religion, sex, handicap, familial status, or national origin;
    5. Represent and warrant that you own all proprietary rights in your User Data or, with respect to any User Data you do not own, you have the full authority and right to transmit the User Data and to grant the licenses granted hereunder, and that the exercise by Apartment Locators of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party.

    Apartment Locators is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it. Subject to the rights granted to us in this Agreement, you own all of your User Data and any intellectual property rights associated with your User Data.

    Apartment Locators reserves the right, in its sole discretion:

    1. To refuse to list any person, individual, Listing Party, applicant or other user;
    2. To screen any listing, and to edit the content of any listing;
    3. To delete from any listing or edit any falsehoods, inconsistencies, offensive material or any material that infringes third party rights or that is otherwise in breach of these Terms and Conditions.

    You acknowledge that Apartment Locators has no obligation to do any of these things.

    Even after you remove information from your profile or delete your account, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. Removed and deleted information may persist in backup copies indefinitely, but will not be available to others.

    8. Website Policies

    In connection with your use of the Website and Services, you agree that you shall comply with any written policies and procedures for the Website and Services set forth at https://www.nashapartments/terms-and-conditions.

    9. Services Uses and Restrictions

    You must comply with any rules and policies about use of the Website, Site Content, and Services that we publish from time to time. These rules and policies will be available on the Website. Certain features, pages or content within the Website or Services may contain supplemental terms of use, to which you must agree in order to use the relevant features, pages or content. You are permitted to use the Website, Site Content, and Services solely for the purposes contemplated in these Terms and Conditions, and not for any other purpose (including to promote any other product, website, software or service).

    You shall not:

    1. Infringe the rights of any person or entity, including without limitation by offering to lease a property without the rights to do so;
    2. Submit, post, upload to, distribute or otherwise use, any User Data (i) in violation of, or in connection with any violation of, any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or intended to defraud Apartment Locators or any third party; (iii) that, in the sole discretion of Apartment Locators, constitutes "spam"; (iv) that infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material's readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
    3. Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Data;
    4. Complete transactions offline which were initiated using an offer board provided through the Website or Services;
    5. Harvest or otherwise collect any data, information or Site Content from the Website, including by using manual or automated software, devices, or other processes to "crawl", "scrape" or "spider" any page of the Website or Services to copy, obtain, propagate, distribute or misappropriate any User Data or Site Content;
    6. Engage in any other conduct that interferes with the Website, Site Content, or Services or that restricts or inhibits any other person from using or enjoying the same, or which, in Apartment Locators's sole judgment, exposes Apartment Locators or any of its officers, directors, employees or agents to any liability or detriment of any type;
    7. Use the Website, Site Content, or Services to, directly or indirectly: (i) develop, advertise or promote any product, website, software or service that offers any functionality substantially similar to, or competitive with, the Services; or (ii) solicit, divert or take away, or attempt to solicit, divert or take away, any of the customers (including users), business or prospective customers of Apartment Locators for any reason.

    10. Use of Services to Obtain Information Regarding Potential Tenants.

    You acknowledge that, to the extent you intend to use, or do in fact use, the Services for purposes of obtaining or using sensitive information concerning potential tenants, including but not limited to credit scores, eviction history, background checks, and criminal history, you are solely and exclusively responsible for complying with the laws of any relevant jurisdiction. You acknowledge that some laws, including local municipal and state laws, may limit or prohibit your ability to obtain, store, process, or use such information in any way, including in housing or rental decisions, regardless of whether you obtain that information directly or through a third party. You acknowledge that Apartment Locators is not responsible, and you will not hold Apartment Locators responsible, for informing you of whether, or to what extent, such laws may apply to your attempt to obtain or use such information, and agree to indemnify and hold Apartment Locators harmless in the event your attempt to obtain or use such information is in fact not permitted in a relevant or applicable jurisdiction.

    11. Links to Third Party Websites

    The Website may contain links to third-party websites or applications and our Services may include third-party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party websites or applications, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites or applications. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. Apartment Locators ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE OR APPLICATION THAT YOU VISIT OR USE. Apartment Locators DISCLAIMS ANY HARM THAT MAY RESULT FROM YOUR CHOICE TO USE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK. Listing Parties using Apartment Locators Pro acknowledge and agree that we provide a listing syndication service and that we will share such listings provided to us through Apartment Locators Pro with third parties for display on third-party websites. Such sharing does not imply endorsement of, sponsorship of, or affiliation with such third parties or their websites, and we shall not be responsible for the conduct of such third parties with respect to your listings nor any liabilities arising in connection with your listings displayed on such third party websites.

    12. Ideas Submitted to Apartment Locators

    In the event that you submit ideas or suggestions for the Website, Site Content or Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of Apartment Locators. None of the Services Comments will be subject to any obligation of confidence on the part of Apartment Locators, and Apartment Locators will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, Apartment Locators will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.

    13. Warranty Disclaimers, Limitation of Liability

    1. Each party represents and warrants that: (a) it has all right, power and authority to enter into and perform this Agreement; (b) the execution of this Agreement and performance of this Agreement will not violate any other agreement to which it is a party; (c) this Agreement constitutes the legal, valid and binding obligation of such party; and (d) it shall perform this Agreement in accordance with all applicable laws. No advice or information, whether oral or written, obtained by you from Apartment Locators, or through the Services, the Website or Site Content will create any warranty not expressly stated herein.
    2. If you are a paying Apartment Locators subscriber, Apartment Locators warrants that the Services will materially perform the functions described for them on the Website, provided, however, the foregoing warranty shall not apply to the extent that any problem with the Services is caused by any act or omission by you. Your sole and exclusive remedy, and Apartment Locators’s sole and exclusive liability, with respect to any breach of this warranty shall be that Apartment Locators shall remedy the non-conformance upon receipt of written notice from you detailing such non-conformance or if Apartment Locators is unable to do so, Apartment Locators will refund a portion of the Fees you paid for the nonconforming Services during the period of non-conformance.
    3. If you are not a paying Apartment Locators subscriber, you use the Services, the Site Content and the Website at our own risk, and you acknowledge that you are responsible for verifying and confirming the quality, performance, accuracy and reliability of the Site Content and Services and of any data obtained by you from the Site Content or Services.
    4. EXCEPT AS SET FORTH IN THE PRECEDING CLAUSE 9.b., THE SERVICES, WEBSITE AND SITE CONTENT ARE PROVIDED IN "AS IS" CONDITION, AND Apartment Locators EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (1) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (2) THAT THE SERVICES, WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (3) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE SITE CONTENT; AND (4) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE SITE CONTENT.
    5. No advice or information, whether oral or written, obtained by you from Apartment Locators, or through the Services, the Website or Site Content will create any warranty not expressly stated herein.
    6. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM Apartment Locators ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE USE OF THE SERVICES, WEBSITE OR SITE CONTENT; HARM OR DAMAGE TO YOUR PERSON OR PROPERTY AS A RESULT OF USING THE SERVICES; YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES; OR ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF Apartment Locators HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING SENTENCE IS NOT ENFORCEABLE, Apartment Locators’S MAXIMUM AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY DAMAGES ARISING IN CONNECTION WITH USE OF THE SERVICES, WEBSITE OR SITE CONTENT SHALL BE THE GREATER OF $10 OR THE AMOUNT OF ANY FEES RECEIVED BY Apartment Locators FROM YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING REMEDIES AND LIMITATIONS SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS CLAUSE h. WERE AND ARE AN EXPRESS PART OF THE BARGAIN BETWEEN YOU AND Apartment Locators AND WERE A CONTROLLING FACTOR IN THE SETTING OF ANY FEES PAYABLE TO Apartment Locators.
    7. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

    14. Release; Indemnification

    BY USING THE WEBSITE OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY POTENTIAL OR CONSUMMATED TRANSACTION), AND IN CONSIDERATION OF OUR PROVISION OF THE SERVICES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE Apartment Locators AND EACH OF ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU AGREE TO INDEMNIFY AND HOLD Apartment Locators (AND EACH OF OUR OFFICERS, DIRECTORS, AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS. WE WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU AGREE TO REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.

    15. Applicable Law and Jurisdiction; Compliance

    The Website and Services are operated by Apartment Locators from the United States, and Apartment Locators does not represent or warrant that use of the Website or Services is lawful in other jurisdictions. All matters arising from or relating to this Agreement, the Website or to the use and operation of the Services shall be governed by the substantive laws of the State of Tennessee, without regard to its conflicts of laws principles. Without derogation of the obligation to arbitrate set forth in Section 17 below, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Nashville, Tennessee. The Uniform Computer Information Transactions Act shall not apply to this Agreement. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.

    16. Arbitration and Dispute Resolution.

    All disputes arising out of or relating to this Agreement, the Website or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect (for information on the AAA and its rules, see www.adr.org.) and the further procedures set forth herein, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be conducted in Nashville, Tennessee, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The right and obligation to arbitrate under this § 15 shall extend to any claim by or against a party’s officer, director, employee, shareholder, affiliate, agent, or contractor. The arbitrator may render early or summary disposition of any or all issues of fact or law, after the parties have had reasonable opportunity to make submissions on those issues. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction and the case remains in small claims court. Apartment Locators does not hereby waive any defense that such jurisdiction may be lacking in your state. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement, the Website or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting Nashville, Tennessee except that, following confirmation of an arbitration award in a state or federal court in Nashville, Tennessee, a judgment arising therefrom may be executed in any court of competent jurisdiction.

    17. Miscellaneous Provisions

    No delay or omission by Apartment Locators in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Apartment Locators of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Apartment Locators regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

    18. Digital Millennium Copyright Act

    Apartment Locators complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address: Apartment Locators, Inc. c/o DMCA Agent, 2409 21ST AVENUE SOUTH, SUITE 104, NASHVILLE, TN, Email: DMCAagent@nashapartments.com

    Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. A description of the material that you claim is infringing and where it is located on the Services;
    4. Your address, telephone number, and email address;
    5. A statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law;
    6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Counter Notices

    If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

    1. A physical or electronic signature of the subscriber;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Apartment Locators may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

    Website Accessibility Statement

    Apartment Locators has an ongoing commitment to achieving the highest levels of satisfaction for all aspects of our users’ online experiences. As part of these efforts, we are dedicated to offering a quality online experience at our website nashapartments.com (the “Website”) to users with disabilities that is full and equal to that provided to users without disabilities. To assist in achieving the aforementioned accessibility goals with respect to the Website, we have committed to the Website being designed, developed, and operated in substantial conformance with generally-recognized and accepted guidelines and/or standards for website accessibility (the “Standards”). While these Standards may change and/or evolve over time, they are currently the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 at Levels A and AA (“WCAG 2.0”) and compliant with Section 508 of the U.S. Rehabilitation Act (the “Act”). Working with experienced accessibility consultants and tools, we have been continuing to take the steps necessary to achieve substantial conformance with WCAG 2.0 and the Act. Furthermore, our Website will continue to be assessed on a recurring basis from both an engineering and user-experience basis, including the use of assistive technology (such as screen readers and screen magnifiers), and the involvement of users with disabilities who use such assistive technologies. Contact Us with Your Accessibility Questions/Feedback Please be aware that our efforts are ongoing. If, at any time, you have any specific questions, feedback, or concerns about the accessibility of any particular Web pages on the Website, please contact us via email at legal@nashapartments.com. If you do encounter an accessibility issue, please be sure to specify the Web page/URL in your email, and we will make all reasonable efforts to address your concerns.