1. ACCEPTANCE OF TERMS
Welcome to GardenStateApartments.com. Garden State Apartments, LLC provides this resource to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By using GardenStateApartments.com, you are agreeing to be bound by, and to comply with, the TOS. You can review the most current version of the TOS at any time by visiting this site.
2. DESCRIPTION OF SERVICE
GardenStateApartments.com currently provides users with access to a rich collection of on-line resources relating to real estate, including, articles, links to Internet resources, and apartment rental information & services (collectively the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GardenStateApartments.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Garden State Apartments, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings, if any.
According to New Jersey regulations, all listings received via telephone or in person will require a written confirmation from the property owner prior to publishing. In addition, Garden State Apartments, LLC´s care representatives and relationship managers are not required to be licensed by the state and will exercise reasonable measures to ensure the integrity and accuracy of information posted on the site.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Garden State Apartments, LLC does NOT off any such access, services, or equipment.
We assure our users that their credit card information is 100% secure and confidential. Click here for our security statement.
4. USER CONDUCT
You understand that all information, data, text, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Garden State Apartments, LLC, are entirely responsible for all Content that you upload, post, email or otherwise transmit to or via the Service. Garden State Apartments, LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Garden State Apartments, LLC be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Service.
You agree to NOT use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, discriminatory, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another´s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a representative of Garden State Apartments, LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email or otherwise transmit 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;
i. 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;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that Garden State Apartments, LLC does not pre-screen Content, but that Garden State Apartments, LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Garden State Apartments, LLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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 Garden State Apartments, LLC or submitted to GardenStateApartments.com, including without limitation information in Any Discussion Forum and in all other parts of the Service.
You acknowledge and agree that Garden State Apartments, LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary 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 the rights, property, or personal safety of Garden State Apartments, LLC, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. PUBLIC CONTENT POSTED TO GARDENSTATEAPARTMENTS.COM
(a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include the Any Discussion Forum or other areas of the Service where user link additions appear. (b) With respect to Content you elect to post for inclusion in publicly accessible areas of GardenStateApartments.com, you grant Garden State Apartments, LLC the perpetual, irrevocable, non-exclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Garden State Apartments, LLC, and its agents, or other partners, harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or use of the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Garden State Apartments, LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that discussion board postings or other suggested Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Garden State Apartments, LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Garden State Apartments, LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
Garden State Apartments, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Garden State Apartments, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Garden State Apartments, LLC, in its sole discretion, may terminate your use of the Service and remove and discard any Content within the Service, for any reason, if Garden State Apartments, LLC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Garden State Apartments, LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Garden State Apartments, LLC may bar any further access to the Service. Further, you agree that Garden State Apartments, LLC shall not be liable to you or any third-party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Garden State Apartments, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Garden State Apartments, LLC has no control over such sites and resources, you acknowledge and agree that Garden State Apartments, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Garden State Apartments, LLC shall not 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 such Content, goods or services available on or through any such site or resource. You further acknowledge that Garden State Apartments, LLC shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in GardenStateApartments.com listings or search results, or that otherwise provided to the Garden State Apartments, LLC by third parties.
14. GARDEN STATE APARTMENTS, LLC´ PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Garden State Apartments, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Garden State Apartments, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software to use the Service through a Web browser on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Garden State Apartments, LLC for use in accessing the Service. YOU AGREE NOT TO USE ANY SOFTWARE PRODUCT OR PROGRAM TO DOWNLOAD OUR ANY PORTION OF THE SERVICE FOR OFF-LINE DISPLAY. YOU FURTHER AGREE NOT TO CREATE ANY DIRECT OR INDIRECT LINK TO OR OTHERWISE ACCESS THE SEARCH ENGINE FOR GARDENSTATEAPARTMENTS.COM.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GARDEN STATE APARTMENTS, LLC EXPRESSLY DISCLAIMS 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. GARDEN STATE APARTMENTS, LLC MAKES 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 GARDEN STATE APARTMENTS, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GARDNE STATE APARTMENTS, LLC 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 GARDEN STATE APARTMENTS, LLC HAS 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.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. TRADEMARK INFORMATION
GardenStatesApartments.com is a registered service mark of Garden State Apartments, LLC. Without Garden State Apartments, LLC´s prior permission, you agree not to display or use in any manner, Garden State Apartments, LLC´s Mark.
IN SUBMIITING YOUR CREATIVE IDEAS, SUGGESTIONS OR MATERIALS (YOUR "SUBMISSION") , YOU GRANT GARDEN STATE APARTMENTS, LLC A ROYALTY-FREE, PERPETUAL AND IRROCACABLE LICENSE TO USE, DISPLAY, REPRODUCE, MODIFY, ADAPT, PUBLISH, YOUR SUBMISSION (IN WHOLE OR IN PART) WORLDWIDE AND TO INCORPORATE YOUR SUBMISSION IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED WITHOUT ANY NOTICE OR COMPENSATION TO YOU.
GARDENSTATEAPARTMENTS.COM RESERVES THE RIGHT TO CHANGE ITS POLICIES AND SERVICES, OR TO MODIFY THIS AGREEMENT. YOU ARE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY CHANGES. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
GARDENSTATEAPARTMENTS.COM SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS WHERE SUCH FAILURE RESUTLS FROM ANY CAUSE BEYOND GARDENSTATEAPARTMENTS.COM'S REASONABLE CONTROL. (WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGREDATION.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Garden State Apartments, LLC and govern your use of the Service, superceding any prior agreements between you and Garden State Apartments, LLC. The TOS and the relationship between you and Garden State Apartments, LLC shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Garden State Apartments, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Essex, New Jersey. The failure of Garden State Apartments, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action you allege arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
22. BETTER BUSINESS BUREAU
We participate in the Better Business Bureau's BBBOnLine Program. This means that we have committed to cooperating with BBB efforts to resolve disputes that may arise under this contract. Upon your request, we will agree to participate in a BBB dispute resolution process to resolve these disputes. There are limits as to the kinds of claims that the BBB will handle -- call the BBB of NJ for more information.
Other than for those disputes resolved through the BBB dispute resolution process, you consent to exclusive jurisdiction and venue in the courts of New Jersey.