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Terms
& Conditions
1. ACCEPTANCE OF TERMS
Rumates.com provide services under certain terms and conditions that we call Terms of Service ("TOS"). We may update these from time to time, without notice to you. It is your duty to check these when you use the site to insure that you comply with the current TOS. There may be other rules posted throughout the site which you will be required to observe. By using the information, services and products available through this Web site, Rumates.com, you are agreeing to the terms and conditions contained herein.
Before you may become a member of Rumates.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Rumates.com-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
Using Rumates.com
While using the Sites, you will not:
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use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
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manipulate the price of any service or interfere with other user's listings;
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circumvent or manipulate our fee structure, the billing process, or fees owed to Rumates.com;
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post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
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take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to Rumates.com);
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transfer your Rumates.com account (including feedback) and User ID to another party without our consent;
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distribute or post spam, chain letters, or pyramid schemes;
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distribute viruses or any other technologies that may harm Rumates.com, or the interests or property of Rumates.com;
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copy, modify, or distribute content from the Sites and Rumates' copyrights and trademarks; or
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harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Rumates.com
Rumates.com and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
2. WHAT WE DO
We provide users with roommate and apartment resources. The services are provided "AS-IS." We assume no responsibility for information posted on this site originated by others, including, but not limited to users and advertisers.
You are responsible for any and all costs associated with accessing this site.
WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION GIVEN TO US BY A USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM.
By accessing and using Rumates.com you also agree to the following:
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Please be aware that this site may contain adult or mature content. You must be at least 18 years of age to use the services provided by us.
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The information, products and services available to you on this Web site may contain errors and are subject to periods of interruption. Although Rumates.com does its best to maintain the information, products and services it offers on the Web site, it cannot be held responsible for any mistakes, faults, lost profits or other consequential damages arising from the use of this Web site.
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Rumates.com provides the information, products and services available in this web site "as is", with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and suitability for a particular purpose, and non infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.
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Rumates.com makes no warranty or assumes any liability for the use of this web site or the accuracy of any of the directory listings on this web site.
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In no event shall Rumates.com be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of this web site or from any information, products and services provided through this web site, even if this web site has been advised of the possibility of such damages.
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Rumates.com reserves the right to remove or reject any listing from this directory, at any time, for any reason. Rumates.com retains sole discretion in determining which websites are appropriate for inclusion in this directory, and which are not.
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If you are not satisfied with this web site, or any part of it, your only remedy is to refrain from using it. By our services, you acknowledge that Rumates.com shall not be held liable for errors or omissions relating to information on this website. You understand that Rumates.com shall not be held liable for misprints or errors which occur from type setting the information or the misrepresentation resulting thereof. It is the user's responsibility to verify all information obtained by using this directory. We will immediately correct any errors or omissions that the user finds on any directory listing, when notified in writing or by email. We make no warranty or assume any liability for the use of this web site or for the accuracy of any of the directory listings on this site.
3. FEES AND COSTS
Registration is FREE. Registered members can add listings, browse matches and send mails. In order to read messages received from other members, read details of a profile, or post listings on the Billboard you must upgrade to a membership level. Fees may vary during the year and the area.
We may choose to temporarily change the fees for our services for promotional events (for example, introductory days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.
4. YOUR MEMBERSHIP OBLIGATIONS
By using this site you certify that you are 18 years of age or older, you agree that any information that you provide to us (or others through this site) is true, accurate, current and complete information, and you agree to maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we believe that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account, and you are responsible for all activities that occur under your account. You agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that we do not provide the information on the site and that all publicly posted or privately transmitted information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. You agree and represent that you, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Services and this site. Since we do not control the Content posted on the site or sent to you from information gleaned from the site, we cannot and will not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to offensive, indecent or objectionable Content. You agree that we will not be liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to NOT use the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant:
a. that you will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;
b. that you will not harm minors in any way;
c. that you will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. that you will not forge headers or otherwise manipulate identifiers in order
e. disguise the origin of any Content transmitted through the Service;
f. that you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. that you will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h. that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
i. that you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. that you will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. that you will not intentionally or unintentionally violate any applicable local, national or international law l. that you will not "stalk" or otherwise harass another; or m. that you will not collect or store personal data about other users. You acknowledge that we do not pre-screen Content, but that Rumates.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the site for any reason we deem reasonable, in our sole discretion.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including any you find on the site.
We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason.
You understand that your Content may be transmitted over a number of different networks and people other than those on this site could gain access to it.
7. INDEMNITY
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available to us.
Liability
You will not hold Rumates.com responsible for other users' actions or inactions, including things they post. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of listings advertised, the truth or accuracy of listings, the ability of users to enter into a lease or other contract, the ability of users to pay bills or expenses, or that a roommate will actually complete a transaction.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the information or services from our site, including Content.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of our site, including but not limited to matters pertaining to the number and size of emails, time Content and other information will remain on our site, limitations on what Content may be posted and when and how long we will retain it.
We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
We have the right to modify or discontinue this service at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
We may terminate your account at any time, if we believe it to be in our best interests or in the best interests of our users.
14. DEALINGS WITH ADVERTISERS
Your dealings with, advertisers found on or through our site are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for the content or functionality of such sites. Furthermore, the existence of a link on our site does not imply an endorsement of that site, the owners or content thereon. You agree to be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.
16. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on our site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the anything found on our site.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW):
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
20. VIOLATIONS
Please report any violations of the TOS to our Customer Service.
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