Sunny Terms of Use

Last Updated: October 12, 2020

Welcome to sunny.com, as operated by Apartment List, Inc. (“Company” or “we”). Our website and mobile applications allow companies to list apartments, houses or other real estate for rent or sale and individuals to locate such properties for rent or sale (collectively the “Service”. Company makes this Service available to users of the Service subject to these terms of use (the “Terms”). These Terms represent a legal contract between you, a user of the Service seeking properties for rent or sale (“you”), and Company, regarding your access to and use of the Service.

  1. Acceptance of the Terms

Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms, our Privacy Policy and any additional posted guidelines, rules and terms applicable to specific services, features, and downloadable applications, which may be posted from time to time (collectively, the “Guidelines”). Our Privacy Policy and such Guidelines are incorporated by reference into these Terms.

If you do not agree to these Terms, the Privacy Policy or the Guidelines, you must not access or use the Service.

  1. Consent to Auto-Dialed Text Messages and Phone Calls.

You agree that Company and Company’s business customers (e.g., property managers and landlords) may contact you by autodialed, pre-recorded or artificial voice text messages and phone calls with information about the Service, your account, and marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Service. Message rates and data charges may apply. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text or data plan, it is best to contact your carrier. You may cancel receiving text messages from us at any time. To cancel messages received from property managers or landlords, you must contact them directly. To stop receiving text messages from us, just text “STOP” in response to a text message. After you send a text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to receive text messages from us again, you can email us at support@apartmentlist.com or respond to our last text message with a keyword such as “START” or “YES.” If you are experiencing issues with the text messaging program, you can reply with the keyword “HELP” for more assistance, or you can get help directly at support@apartmentlist.com. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

  1. Contacting Us

If you have any questions or concerns relating to the Service or these Terms, you may contact us at:

Apartment List, Inc.

Attn: Legal
548 Market St, PMB 79519
San Francisco, CA 94104-5401

and

Email:legal@apartmentlist.com.

All notices of copyright infringement claims should be sent to the copyright agent designated under Section 27 (Copyright Notice; Digital Millennium Copyright Act).

  1. Changes to these Terms and the Service

Company may amend these Terms. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes. However, any changes to Section 7 (Dispute Resolution and Arbitration) may not apply if you notify us in accordance with that section.

We reserve the right to withdraw, amend or discontinue any part of our Service in our sole discretion without notice. The Service may be out of date and Company makes no commitment to update materials on the Service.

  1. Age and Geographic Restrictions

The Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Service.

The owner of the Service is based in the State of California in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with local laws.

  1. Privacy

Please read the Privacy Policy carefully for details relating to what information and data Company collects from you, and how we use that information and disclose it to third parties.

  1. Dispute Resolution and Arbitration

Please read the following arbitration provision carefully. It requires you to arbitrate certain disputes with the Company arising out of these Terms, the Service or any other product or service of the Company (“Disputes”) and limits the manner in which you can seek relief from us.

Both you and Company acknowledge and agree that for purposes of any Dispute, Company’s officers, directors, employees, agents and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

Informal Dispute Resolution. Before filing a claim against the Company, please contact us at the contact information under Contacting Us. We’ll try to resolve the Dispute informally. If a Dispute is not resolved within 15 days after submission, you or the Company may bring a formal arbitration proceeding.

We Both Agree To Arbitrate. You and the Company both agree to resolve any Disputes through final and binding arbitration, except as set forth under the exceptions below.

Governing Law of Arbitration Terms. Notwithstanding anything to the contrary in these Terms, you and the Company agree that these arbitration terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of these arbitration terms and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found not to apply to any Disputes that arise under these arbitration terms or the enforcement thereof, then that Dispute is to be resolved under the laws of the state of California.

Procedures of Arbitration: The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards. JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267.

Fees for Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

Location of Arbitration: The arbitration will be held in San Francisco, California, or the United States county where you live or work, or any other location we agree to. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

Arbitration Exceptions:

  • Either the Company or you may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work.
  • Either the Company or you may bring a lawsuit for injunctive or other equitable relief in San Francisco County, California to prevent threatened or actual misappropriation, violation, or infringement of a party’s intellectual property rights, including copyrights, patents, trademarks and trade secrets.

No Class Actions; No Jury Trial: Any arbitration under these Terms will take place on an individual basis. Class arbitrations, class actions, and collective, consolidated or representative actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING (A) THE RIGHT TO TRIAL BY JURY AND (B) THE RIGHT TO PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION AND COLLECTIVE, CONSOLIDATED AND REPRESENTATIVE ACTIONS.

The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, consolidated or representative basis, but only on an individual basis. Other than disputes regarding the validity of the class action waiver contained herein and the exceptions set forth herein, which disputes may be resolved only by a civil court of competent jurisdiction, all Disputes regarding thescope and validity of these Terms will be resolved by the arbitrator.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

One Year to Bring Action. YOU AGREE THAT ANY CAUSE OF ACTION (INCLUDING ARBITRATION PROCEEDINGS) BROUGHT BY YOU ARISING OUT OF OR RELATED TO A DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Commencing an Arbitration Proceeding: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Company at the following address:

Apartment List, Inc.

Attention: Legal
548 Market St, PMB 79519
San Francisco, CA 94104-5401

or

email: legal@apartmentlist.com.

Severability of Arbitration Terms: If part of these arbitration terms are deemed unenforceable or unlawful, (1) the unenforceable or unlawful term is to be severed from these Terms; (2) severance of the unenforceable or unlawful term will not impact the remainder of the arbitration terms; and (3) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.

Opt-Out Procedure: If you are a new user of our Services, you can choose to reject the arbitration terms by mailing us at:

Apartment List, Inc.

Attn: Legal
548 Market St, PMB 79519
San Francisco, CA 94104-5401

For your rejection notice to be effective, you must include (a) your first and last name, (b) your email address, (c) a statement that you reject these arbitration terms, and (d) your signature on the notice. The opt-out notice must be postmarked no later than 30 days after the date you accepted these Terms for the first time. You must mail the opt-out notice to:

Apartment List, Inc.

Attn: Legal
548 Market St, PMB 79519
San Francisco, CA 94104-5401

If you opt out of the arbitration terms, all other parts of these Terms will continue to apply to you. Opting out of the arbitration terms has no effect on any previous, other, or future arbitration terms that you may have with us.

Changes to Arbitration Terms: If we change these arbitration terms after the date you first agreed to these Terms (or later agreed to amended Terms), you may reject the change by providing us with written notice of your rejection within 30 days after the date the change became effective, as indicated in the “Last Updated” date above. You must provide this written notice by mail at:

Apartment List, Inc.

Attn: Legal
548 Market St, PMB 79519
San Francisco, CA 94104-5401

For your rejection notice to be effective, you must include (a) your first and last name, (b) your email address, (c) a statement that you reject the changes to these arbitration terms, and (d) your signature on the notice. By rejecting changes, you are agreeing that you will still arbitrate any Dispute between you and the Company in accordance with the provisions of these arbitration terms as of the date you first agreed to the Terms (or later agreed to amended Terms).

  1. Account Information

In order to use the Service, you will have to create an account through our online registration form. You may also register from the Facebook marketplace or by using your login(s) for Google or Facebook or other social networking sites. When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that all information you provide to register with this Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Password. When you register you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account or password), you should immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.

You acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

  1. Career Information

Any information you submit through the career pages of our website must be true, complete, and not misleading. If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing their information to us.

  1. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including all listings, information, software, text, displays, images, video, interactive and visual features, and audio, and the design, selection, and arrangement thereof) (“Company Materials”) are owned by the Company, its licensors, its business customers 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. Company Materials are not owned by you.

These Terms permit you to use the Service only for your personal, non-commercial use.

You must not sell, license, reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit any of the Company Material or otherwise make unauthorized use of the Service and Company Materials, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any Company Materials from the Service.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will stop 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 Service or any Company Materials is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

  1. Trademarks

Trademarks of Company may be included within the Service. All trademarks, logos and service marks found on the Service are the property of Company or other third parties. You are not permitted to use such marks without the prior written consent of Company or the third party that owns the respective mark.

Company bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party marks uploaded to or displayed through the Service. Company is generally unable to evaluate the merits of disputes regarding third party marks and encourages users to resolve any such disputes directly.

  1. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
  • Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
  • Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, a property company, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).
  • Defame, harass, abuse, threaten, stalk, or defraud other users.
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose us or them to liability.
  • Collect personal information about other users without their consent.
  • Remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations.
  • Attempt to gain unauthorized access to the Service, other user accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means.
  • Deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion.
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • Modify, adapt, reproduce, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation.
  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with the working of the Site or any other user’s use of the Service, including their ability to engage in real time activities through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the website.
  • Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.
  1. Feedback

If you make suggestions or provide feedback to Company on improving or adding new features to the Service, you assign ownership in such suggestions and feedback to us without any compensation to you.

  1. Third Party Services and Links

Company may provide tools through the Service that enable you to export information to your devices. By using these tools, you agree that we may transfer such information accordingly and that you will not use such exported information other than for your personal, non-commercial use. Such third party services are not under our control, and we are not responsible for their use of your exported information.

When using the Service you will be exposed to content and links from a variety of sources, including property listings information that Company aggregates from third parties (e.g., property management companies) and information from service providers who may have products or services of interest to you based on your use of our Service (“Non-Company Content”). Company is not responsible or liable for the accuracy, integrity, quality, legality usefulness, or safety of the Non-Company Content, or any loss incurred as a result of your use of any Non-Company Content, or any communications you have with any third party provider of Non-Company Content, or any transaction you consummate with such third party (including any transactions relating to renting or purchasing housing unit or other real estate), or any violation of law (including violation of the Fair Housing Act) by any third party provider of Non-Company Content. You should review any applicable terms and policies of such third parties who provide Non-Company Content.

You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect to any Non-Company Content.

  1. Non-Monitoring of Non-Company Content

Company does not control the Non-Company Content and does not have any obligation to pre-screen or monitor such Non-Company Content. If at any time, Company chooses, in its sole discretion, to pre-screen or monitor the Non-Company Content, Company still assumes no responsibility for the Non-Company Content, no obligation to modify or remove any inappropriate Non-Company Content, and no responsibility for the conduct of the third party submitting any such Non-Company Content. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any Non-Company Content, in whole or in part, for any reason.

  1. Enforcement

We have the right to take appropriate legal action with respect to your use of the Service, including referral to law enforcement, for any illegal or unauthorized use of the Service.

You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect claims resulting from any action taken by Company during or taken as a consequence of investigations by either the Company or law enforcement authorities.

  1. Social Media Features The Service may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on this Service.
  • Send emails or other communications with certain content, or links to certain content, on the Service.
  • Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Link to any part of the Service’s website other than the homepage.
  • Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms.

We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. Release of Disputes with Third Parties

If you have a dispute with: (i) another user of the Service; (ii) the provider of any Non-Company Content (including a property management company); or (iii) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from all claims, demands and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You acknowledge that you have been advised to consult with legal counsel and are familiar with the provisions of California Civil Code Section 1542, a statute that otherwise prohibits the release of unknown claims, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

You agree to expressly waive any rights you may have thereunder, as well as under any other statute or common law principles of similar effect.

  1. Termination

You agree that Company may suspend, disable, delete or terminate your account or your use of the Service at any time in its sole discretion, and you agree that Company is not liable to you or any third-party for any such termination.

You may terminate these Terms at any time by closing your account (if you are registered user) and discontinuing use of the Service.

In the event that these Terms are terminated, you will not register a new account under a different name.

Upon termination, all licenses granted by Company herein will terminate.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents and representatives from and against losses, obligations, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of any third party claim relating to (i) your misuse of the Service or; (ii) your violation of these Terms; and (iii) your violation of the rights of any other person or entity. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.

  1. Disclaimers

NO IMPLIED WARRANTIES; AS-IS AND AS-AVAILABLE

THE SERVICE, COMPANY MATERIALS, AND NON-COMPANY CONTENT MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

AT YOUR OWN RISK

YOU AGREE THAT YOUR ACCESS TO AND USE OF DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) AND ANY NON-COMPANY CONTENT ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR USING SUCH DATA.

NO INTERRUPTION, ACCURACY, SECURITY AND SIMILAR WARRANTIES

COMPANY DOES NOT WARRANT THAT (A) SERVICE, THE COMPANY MATERIALS, NON-COMPANY CONTENT, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) THE RESULTS OF USE OF THE SERVICE OR ANY NON-COMPANY CONTENT WILL BE SECURE OR RELIABLE. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR RELIANCE ON NON-COMPANY CONTENT.

NO WARRANTIES AND NO LIABILITY FOR THIRD PARTY OFFERINGS

COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE TYPES OF LISTINGS YOU SEE OR THE ORDER OF THE LISTINGS THAT YOU SEE. THE ORDERING OF THE LISTINGS MAY BE BASED ON MANY FACTORS INCLUDING YOUR LOCATION, YOUR PREFERENCES, AVAILABILITY AND FEES PAID BY THE PROPERTY COMPANIES.

COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE PRODUCTS AND SERVICES THAT MAY BE OFFERED BY THIRD PARTIES OR THAT THE PROPERTY LISTINGS ARE AFFORDABLE OR A GOOD DEAL. COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM YOUR RELATIONSHIP WITH LANDLORDS, PROPERTY MANAGEMENT COMPANIES, SELLERS AND ANY OTHER THIRD PARTY COMPANIES THAT YOU MAY DEAL WITH IN CONNECTION WITH OUR SERVICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

THE COLLECTIVE MAXIMUM AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE, IS ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

NONE OF COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA OR USE) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICE, THE COMPANY MATERIALS, OR NON-COMPANY CONTENT, EVEN IF FORESEEABLE OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Copyright Notice; Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice after we have removed the material. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/. Notices and counter-notices should be sent to Company’s Designated Copyright Agent as follows:

Apartment List, Inc.

Attn: Copyright Agent
548 Market St, PMB 79519
San Francisco, CA 94104-5401

415.817.1068

copyright@apartmentlist.com

Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake may be subject to liability.

  1. Survival.

The following sections survive any termination of these Terms or your account: 6 (Privacy), 7 (Dispute Resolution and Arbitration), 10 (Intellectual Property Rights), 11 (Trademarks), 12 (Prohibited Uses), 13 (Feedback), 14 (Third Party Services and Links), 16 (Enforcement), 18 (Release of Disputes with Third Parties), 19 (Termination), 20 (Indemnification), 21 (Disclaimers), 22 (Limitation of Liability), 23 (Copyright Notice; Digital Millennium Copyright Act), 24 (Survival), and 25 (Miscellaneous).

  1. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and Guidelines, are the entire agreement between the parties and supersede all prior and contemporaneous understanding and agreements, in each case on the subject matter hereof.

Independent Contractors. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other.

Severability. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.

Assignment. You may not assign these Terms without the prior written consent of Company, and any prohibited assignment will be null and void. Company may assign these Terms without restriction and without any notice to you.

Waiver. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

Governing Law; Venue. Except as required by applicable law and as set forth under Section 7 (Dispute Resolutions and Arbitration), these Terms are governed by the laws of California, without regard to its conflict of laws principles. This provision only specifies the use of California law to interpret these Terms and this provision is not to be interpreted as extending California substantive rights to you if you do not otherwise reside in California. To the extent that any lawsuit or court proceeding is permitted under these Terms, the parties consent to the jurisdiction of and each party shall exclusively bring a lawsuit in, the state and federal courts of San Francisco County, California. This provision does not apply to Section 7 (Dispute Resolutions and Arbitration) or to any arbitrable Disputes as defined therein. Instead, as described in Section 7 (Dispute Resolutions and Arbitration), the Federal Arbitration Act applies to Disputes.