Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

These Terms of Service govern your access to and use of the SuperiorApts.com website (the "Site", “We”, “Us” or “Our”). "You" or "Your" shall mean the person or entity accessing this site (the "Site") and using the services available on it (the "Services"). By accessing registering or using the Site, you agree to be bound by these Terms of Use, Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of the Site that you access, without limitation or qualification. If you do not agree, you must exit the Site immediately and discontinue any use of information or services from this Site.

Modification of the Site or Terms of Use

The Site reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered and the services, features, links, content, information and any other materials offered via the Site at any without notice or additional obligation to you. Continuing to access or use the Site after the Site makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.

Use of Content

The information and content (the "Content") provided on this Site is protected by copyright and other intellectual property laws. The Content is owned by the Site and/or their respective licensors and suppliers. Content is intended for personal and noncommercial use only; you may not reproduce, sell, license, publish, distribute, modify, display, perform, re-post or use any portion of the Content in any other way or for any other purpose without the prior written consent.

Third-Party Sites

During your visit to the Site, you may be taken to third-party sites for additional information or features; you are subject to the privacy policy and terms of service, if any, of that third-party website. By clicking such links to third-party sites, you agree that you are leaving the Site and that the Site has no responsibility or liability in connection with your use or your exchange of information. The Site is not responsible for any content, information, products or services with these third-party sites, nor does the Site endorse, sponsor or guarantee these third-party sites.

Copyright and License

All Materials, works, programs, software and content displayed on the Site or used to operate the Site or Services, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and any other files associated with the Site or the Services. You shall not contest Our claims to such rights, not assist others in doing so. You shall not modify or remove any copyright notice that appears on any of the content, data or materials accessible to You on the Site or in the Services. You are granted a limited, non-exclusive, non-assignable, non-sub-licensable right to access the Site, use the Services and print the Materials only for your personal, non-commercial use only. We reserve the right, without notice and in Our sole discretion, to terminate Your license to use the Site or Services and to block or prevent Your future access to and use of the Site or the Services. The foregoing license grant does NOT include the right for You to:

  1. publish, publicly perform or display, or distribute to any third party any content, software, information, data or the Materials, including reproduction on any computer network or broadcast or publication media;
  2. market, sell or make commercial use of the Site, the Services or any Materials;
  3. systematically collect and use of any data or content accessible on the Site, or through the Services, including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods or tools;
  4. make derivative uses or works of the Site or any of the Materials; or
  5. use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any web page or form contained on a web page).
The Site and our trademarks, logos, services marks may not be copied or imitated in whole or in part without full written consent of the Site. Your unauthorized use of this Site or the Services will result in the immediate termination of Your permission to access the Site or the Services, and the license granted to You by this Terms of Use Agreement. Such conduct may also violate applicable laws, including laws protecting copyrights and trademarks, (including trade dress), and state or federal laws governing electronic communications.

User Submitted Materials

By submitting ads, content, photos, data or other Materials to the Site, you hereby grant to the Site a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to the Site a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

Digital Millennium Copyright Act Compliance

The Site complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide the Site’s copyright agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Before sending a notice to the Site, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires.

No Warranties

THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, DATA, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BROKER, THE NETWORK, ROOST, OR THEIR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, THE MATERIALS OR SERVICES.

Choice of Law, Waiver, And Claims

These Terms of Use shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. SuperiorApts failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Modification

We may change, add to or delete these Terms of Service or any portion thereof from time to time at its sole discretion.

- Last Updated October 12, 2009 -