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Direct2Housing.com
Terms of Use
The
terms and conditions of use set forth in this Agreement ("Terms")
apply to the Internet Web site located at http://www.direct2housing.com
(the "Web Site") which is owned, operated, licensed, or controlled
by AIDS Foundation of Chicago ("AFC").
PLEASE READ
THESE TERMS CAREFULLY.
THIS AGREEMENT
GOVERNS YOUR USE OF THE WEB SITE.
1. Acceptance. By
using the Web Site, you, the Web site user ("User"), agree to be
bound by these Terms. AFC reserves the right, at its sole discretion,
to change, modify, add, or remove portions of these Terms at any time
and without notice. Please check these Terms periodically for changes.
Continued use of the Web Site following the posting of changes to these
Terms will mean User has read and accepts such changes.
2. License
& Access. AFC grants User a limited license to access
and make personal use of the Web Site and not to download (other than
page caching) or modify it, or any portion of it, except with express
written consent of AFC. This license does not include any resale or
commercial use of the Web Site or its contents; any collection and use
of any housing advertisement listings, descriptions, or prices; any
derivative use of this Web Site or its contents; any downloading or
copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction
tools. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images,
text, page layout, or forms) of AFC or our affiliates without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing AFC's name or trademarks without the express written
consent of AFC. Any unauthorized use terminates the license granted
by AFC. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of AFC and/or the user’s housing
ad listing, if applicable] so long as the link does not portray AFC,
its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any AFC logo
or other proprietary graphic or trademark as part of the link without
express written permission.
Users
may also register with AFC to create an account ("Account").
Users shall receive a password and Account upon completing the registration
process. Users are responsible for maintaining the confidentiality of
the password and Account, and are fully responsible for all activities
that occur using such password or Account. User agrees to immediately
notify the Web Site Administrator of any unauthorized use of your password
or Account.
Web
Pages. Users may register with AFC through the Web Site, as "Housing
Advocates," "Supportive Housing Providers" or "Home Sharing
Providers" (collectively "Registered Users"). AFC will screen
potential Registered Users to determine what kind of housing they provide
and therefore, what kind of access rights they will be given. Registered
Users may create and edit their own web page, using AFC’s proprietary
Direct2Housing™ software for the purposes of listing housing opportunities.
"Housing Advocates" can use Direct2Housing to enter their Private
Market landlord listings. This information is password protected and
can only be viewed by other users who have "Housing Advocate" access
rights. "Supportive Housing Providers" can use Direct2Housing™
to allow the public to view the contact information, eligibility criteria
and application process for their supportive housing units. "Home
Sharing Providers" can use Direct2Housing™ to enter their Home Sharing
Provider listings. This information is password protected and can only
be viewed by other users who have "Home Sharing Provider" access
rights. Registered Users shall use reasonable efforts to keep information
up-to-date and accurate. AFC shall have no obligation to verify the
timeliness or accuracy of any information provided by Registered Users.
3. Restrictions
on Use. Unless otherwise noted, all materials, including images,
illustrations, designs, icons, photographs, video clips, and written
and other materials that are part of any AFC Web Site are copyrights,
trademarks, trade dress and/or other intellectual property owned, controlled
or licensed by AFC. No material from any AFC Web Site may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, except with express written consent of AFC. In addition,
Users shall not commit any of the following acts through their use of
this Web Site:
a. transmit
any content that is invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. use
foul language or post links to adult-oriented Web sites;
c. transmit
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of unrequested solicitation;
d. post
advertising messages or solicitations, URLs containing a referral code
or referral address, or links to businesses or pages with advertising,
including "blind" or "hidden" referral links; or
e. collect,
store, use or disseminate personal data or information about other Users
in any manner whatsoever, including but not limited to, solicitation
of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
4. Violations. In
addition to any and all remedies at law or in equity, any intentional
violation of the Terms shall give AFC the right to immediately suspend
or cancel Services or Accounts without further liability. Furthermore,
User specifically agrees that any intentional violation shall
result in immediate liability for liquidated damages in the amount
of One Thousand Dollars ($1,000.00) for breach of contract.
5. Privacy. It
is the policy of AFC to respect the privacy of all Web Site users. Therefore,
in addition to the privacy of registration data, AFC shall not monitor,
edit, or disclose the contents of a guest's e-mail unless required in
the course of normal maintenance of the Web Site and its systems or
unless required to do so by law or in the good-faith belief that such
action is necessary to: (1) comply with the law or comply with legal
process served on AFC; (2) protect and defend the rights or property
of AFC; or (3) act in an emergency to protect the personal safety of
our users or the public. Users shall remain solely responsible for the
content of their messages. AFC’s Privacy Statement can be found
here [hyperlink to web page].
6. Indemnity.
User shall indemnify and hold AFC harmless from and against any and
all liabilities, claims, costs, assessments, fees or expenses of any
kind, including without limitation defense costs and reasonable attorneys’
fees arising from or related in any way to: a) classified advertisements
placed by User; b) any claim which, if proved, would breach any representation
of User; and c) any and all Third Party Claims arising out of any content
submitted by User or transmitted through this Web Site by User.
7. Termination. These Terms are effective as of the first date
materials from the Web Site are accessed by User (the "Effective Date")
and shall continue in effect until terminated by either party. User
may terminate the agreement formed by these Terms at any time by destroying
all materials obtained from the Web Site and all related documentation
and all copies and installations thereof, whether made under these Terms
or otherwise and ceasing all further use of the Web Site. These Terms
will terminate immediately without notice from AFC if in AFC's sole
discretion User fails to comply with any term or provision of these
Terms. Upon termination, User’s access and account shall be terminated
and User shall destroy all materials obtained from the Web Site and
all copies thereof, whether made under the terms of these Terms or otherwise.
AFC
may, at its sole discretion and at any time, discontinue providing the
Web Site, or any part thereof, with or without notice. User agrees that
any termination of its access to the Web Site under any provision of
these Terms may be effected without prior notice.
Further, User agrees that AFC shall not be liable to
User or to any third party for any termination of
User’s access to this Web Site.
8. Jurisdiction. Unless
otherwise specified, the materials in this Web Site are presented solely
for the purpose of promoting publications and other products available
in the United States, its territories, possessions, and protectorates.
The Web Site is controlled and operated by AFC from its offices within
the State of Illinois, United States of America. AFC makes no representation
that materials in this Web Site are appropriate or available for use
in other locations. Those who choose to access this Web Site from other
locations do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
9. Disclaimer. THE
MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, AFC DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
AFC
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS WEB SITE OR ANY OTHER AFC WEB SITE OR THE SERVER(S) THAT MAKES
THE DIRECT2HOUSING.COM WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. AFC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS
WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
10. Limitation
of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL AFC BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS
IN THIS WEB SITE, EVEN IF AFC OR AN AFC AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL AFC'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID
BY USER, IF ANY, FOR ACCESSING THIS WEB SITE.
11. Links
to Outside Web Sites and Services. To the extent that this Web
Site contains links to outside services and resources, AFC does not
control the availability and content of those outside services and resources.
Any concerns regarding any such service or resource, or any link thereto,
should be directed to the particular service or resource.
12. Copyrights
and Copyright Agents. If you believe that your work has been
copied in a way that constitutes copyright infringement or that your
intellectual property rights have been otherwise violated, please provide
AFC’s Copyright Agent the following information:
a. an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
b. a
description of the copyrighted work or other intellectual property that
you claim has been infringed;
c. a
description of where the material that you claim is infringing is located
on the site;
d. your
address, telephone number, and email address;
e. a
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
f. a
statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf.
Company’s
Agent for Notice of claims of copyright or other intellectual property
infringement:
c/o
David M. Adler, Esq. & Assoc. PC
161
N. Clark Street, Suite 2550
13. Miscellaneous. These
Terms shall be governed by and construed in accordance with the laws
of the State of Illinois. User agrees that any action at law or in equity
arising out of or relating to these terms shall be litigated only in
the state or federal courts located in the State of Illinois and User
hereby consents and submits to the personal jurisdiction of such courts
for the purposes of litigating any such action. If any provision of
these Terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
