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TERMS OF USE

These Terms of Use govern your access to and use of the ApartmentWIZ.com and its related family of websites (defined as the "Site" or “Sites”). Your access to and use of ApartmentWIZ.com are expressly conditioned on your compliance with these Terms of Use. By accessing or using ApartmentWIZ.com, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of ApartmentWIZ.com that you may access, without limitation or qualification. For purposes of these Terms of Use, all references to "ApartmentWIZ.com" or the “Site” include Silberman Enterprises, Inc. and its affiliates, subsidiaries and related Sites.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING APARTMENTWIZ.COM.

BY ACCESSING AND/OR USING APARTMENTWIZ.COM (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME.

THESE TERMS OF USE REQUIRE YOU TO GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.

READ THEM CAREFULLY AND DO NOT USE APARTMENTWIZ.COM OR USE/PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.

YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF APARTMENTWIZ.COM AND THE MATERIALS AND INFORMATION AVAILABLE ON THE SAME AND THE POSSIBILITY OF PUBLICATION OR PUBLICITY OF YOUR “USER GENERATED CONTENT”.

Modification of ApartmentWIZ.com or Terms of Use

You acknowledge and agree that ApartmentWIZ.com reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which ApartmentWIZ.com is offered and the services, features, links, content, information and any other materials offered via ApartmentWIZ.com at any time and from time to time without notice or further obligation to you. By continuing to access or use ApartmentWIZ.com after ApartmentWIZ.com makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.

Privacy

See ApartmenWIZ.com's Privacy Policy for information on users' rights and responsibilities with respect to information collected by ApartmentWIZ.com by clicking here.

Registration and Passwords

If you open an account, register or provide certain information via ApartmentWIZ.com, you agree to complete the account initiation, registration or other process by providing ApartmentWIZ.com with current, complete and accurate information as requested by any forms. You are responsible for safeguarding any password that you use to access any areas of ApartmentWIZ.com. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify ApartmentWIZ.com of any unauthorized use of your password.

ApartmentWIZ.com Intellectual Property Rights

All right, title and interest in and to all content, text, images and other materials on ApartmentWIZ.com are either owned or licensed by us or by a third party, and are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use content, text, images and other materials on ApartmentWIZ.com. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via ApartmentWIZ.com. You may not copy or modify the HTML code used to generate web pages on ApartmentWIZ.com.

All trademarks, service marks and trade names that appear on ApartmentWIZ.com are proprietary to ApartmentWIZ.com, its affiliates or other respective owners. You may not display or reproduce these trademarks, service marks or trade names other than with the prior written consent of ApartmentWIZ.com, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through ApartmentWIZ.com.

Real Estate Licensing

This website provides advertisement and related services to lessors and lessees of rental properties. Such services are provided by Silberman Enterprises, Inc., its subsidiaries and/or affiliates. All references to Silberman Enterprises, Inc. contained in this section include Silberman Enterprises, Inc. and such subsidiaries and affiliates as the context may require.

Silberman Enterprises, Inc. is licensed as a real estate broker through its subsidiaries and affiliates in those states where it believes it may be necessary or advisable to do so in order to comply with state real estate brokerage laws and regulations.

Silberman Enterprises, Inc. is licensed to conduct real estate brokerage activities in the following states:

State License Entity

Texas 519161 Silberman Enterprises, Inc.

Silberman Enterprisesm Inc. is located at:

2400 Augusta Drive, Ste. #410
Houston, Texas 77057
713.688.5585

Your Use of the Content

ApartmentWIZ.com authorizes you to view, copy, download and print a single copy of any content available on ApartmentWIZ.com, provided that:

If you are a potential or actual renter, the content is used solely for personal, non-commercial purposes and, if you are a property owner/manager, the content is used only for the purposes of using the services expressly offered by ApartmentWIZ.com (subject to the restrictions set forth in our Advertising Policy);the content is not modified or redistributed; and all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such content, in each case, subject to the restrictions set forth in these Terms of Use.

Except for this permitted use, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from ApartmentWIZ.com. The content available through ApartmentWIZ.com is the sole property of ApartmentWIZ.com or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws.

General Terms of Coupon Use

APARTMENTWIZ.COM MAKES NO WARRANTIES AS TO ANY ADVERTISING PROPERTY OR THE PRODUCTS OR SERVICES THAT IT OFFERS. APARTMENTWIZ.COM DISCLAIMS ALL WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTABILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU. APARTMENTWIZ.COM MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN APARTMENTWIZ.COM’S PRIVACY POLICY.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THESE GENERAL TERMS OR THE USE OF APARTMENTWIZ.COM. IN ADDITION, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN THE AGGREGATE FOR ANY DAMAGES HEREUNDER, REGARDLESS OF FORM.

No Unlawful or Prohibited Use

A condition of your use of ApartmentWIZ.com, you warrant to ApartmentWIZ.com that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of ApartmentWIZ.com and any related activities. In addition, you warrant that you will not use ApartmentWIZ.com in any way prohibited by these terms, conditions and notices.If you violate any of these Terms of Use, your permission to use ApartmentWIZ.com will automatically terminate.reserves the right to revoke your access to and use of ApartmentWIZ.com at any time, with or without cause.

General Prohibitions

You agree not to do any of the following while using ApartmentWIZ.com:

Post, publish or transmit any text, graphics or material that:

is false or misleading;
is defamatory;
invades another’s privacy;
is obscene, pornographic or offensive;
promotes bigotry, racism, hatred or harm against any individual or group;
infringes another's rights, including any intellectual property rights; or
violates, or encourages any conduct that would violate, any applicable law or regulation, including Fair Housing laws and regulations, or could give rise to civil or criminal liability;
Access, tamper with or use non-public areas of ApartmentWIZ.com, ApartmentWIZ.com’s computer systems, or the technical delivery systems of ApartmentWIZ.com’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search ApartmentWIZ.com, for purposes other than those permitted by these Terms of Use, with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by ApartmentWIZ.com or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
Send unsolicited email, junk mail, spam or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use ApartmentWIZ.com to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide ApartmentWIZ.com;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing ApartmentWIZ.com; or Impersonate or misrepresent your affiliation with any person or entity.

ApartmentWIZ.com will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. ApartmentWIZ.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that ApartmentWIZ.com has no obligation to monitor your access to or use of ApartmentWIZ.com, but has the right to do so for the purpose of operating ApartmentWIZ.com, to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links and Conditions for Linking to Website

ApartmentWIZ.com may contain links to third-party websites or resources. You acknowledge and agree that ApartmentWIZ.com is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ApartmentWIZ.com thereof or the content, products or services available from such websites or resources. If you decide to access any such third party websites or resources, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as ApartmentWIZ.com where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

Use of ApartmentWIZ.com at Your Own Risk

Your access to and use of ApartmentWIZ.com is at your own risk. ApartmentWIZ.com will have no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of ApartmentWIZ.com.

ApartmentWIZ.com is Available 'AS-IS'

ALL CONTENT PROVIDED ON APARTMENTWIZ.COM IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN APARTMENTWIZ.COM AND YOU, EXCEPT FOR THESE TERMS OF USE AND THE APARTMENTWIZ.COM PRIVACY POLICY. WITHOUT LIMITING THE FOREGOING, APARTMENTWIZ.COM IS PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, APARTMENTWIZ.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

APARTMENTWIZ.COM MAKES NO WARRANTY THAT APARTMENTWIZ.COM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.

APARTMENTWIZ.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH APARTMENTWIZ.COM, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH APARTMENTWIZ.COM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APARTMENTWIZ.COM OR THROUGH APARTMENTWIZ.COM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold harmless Apartmentwiz.com, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of ApartmentWIZ.com or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER APARTMENTWIZ.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING APARTMENTWIZ.COM WILL BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, APARTMENTWIZ.COM, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT APARTMENTWIZ.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT APARTMENTWIZ.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, APARTMENTWIZ.COM WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM APARTMENTWIZ.COM OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF APARTMENTWIZ.COM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF APARTMENTWIZ.COM, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO APARTMENTWIZ.COM FOR ACCESS TO AND USE OF APARTMENTWIZ.COM, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APARTMENTWIZ.COM AND YOU.

Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of ApartmentWIZ.com to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

Use of ApartmentWIZ.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. These Terms of Use and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Harris County, Texas, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Export Laws

You acknowledge that the software and any accompanying documentation and/or technical information associated with ApartmentWIZ.com is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

Guidelines for User Generated Content

“User Generated Content” is communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, recipe, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. strong It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

Posting Rules for User Generated Content

Be Courteous - Flaming and insults are prohibited. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.

Remain Private - Do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other website users.

Be Personal - The website is not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."

Be True - Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities.

Be Original - You promise that you own or control all rights in any User Generated Content that you post to any ApartmentWIZ.com website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, violate anyone else’s rights.

General Rules for User Generated Content

User Generated Content is not prescreened. ApartmentWIZ.com does not prescreen User Generated Content on all of its Sites. ApartmentWIZ.com does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. ApartmentWIZ.com is solely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of Registrants or users on the website. Accordingly, ApartmentWIZ.com reserves the right to, edit, remove, suppress or refuse to post any User Generated Content and/or terminate your registered account for any reason.

Registration. To post User Generated Content, you must become a registered user ("Registrant"). You must be at least 13 years of age to become a Registrant. If you are between 13 and 18 years old, you must have your parent/guardian's permission to use or post User Generated Content.

ApartmentWIZ.com’s Rights to Your Posting. Your User Generated Content is not confidential or proprietary. You grant to ApartmentWIZ.com a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign and commercialize without any payment due to you.

Complaints. Immediately notify ApartmentWIZ.com in writing of any objectionable content appearing on the Website. ApartmentWIZ.com will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content. Notifications may also be sent to info@apartmentwiz.com

Entire Agreement

These Terms of Use, and the other policies, terms, guidelines and rules referenced herein, constitute the entire and exclusive agreement between ApartmentWIZ.com and you regarding ApartmentWIZ.com, and supersede and replace any prior agreements between ApartmentWIZ.com and you regarding ApartmentWIZ.com.

If you have any questions about these Terms of Use, please contact ApartmentWIZ.com at:

ApartmentWIZ.com
Attn: Terms of Use Questions
2400 Augusta Drive, Suite 410
Houston, Texas 77057

Copyright © 2004-2012 Silberman Enterprises, Inc. All rights reserved.

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