Terms of Use

Date: 10/25/2015

THE SERVICES PROVIDED THROUGH THIS WEBSITE ARE FOR ADULTS ONLY, AND YOU MUST BE AT LEAST 18 YEARS OLD OR, IF AN OLDER AGE IS REQUIRED IN THE JURISDICTION IN WHICH YOU ARE LOCATED, SUCH OLDER AGE. IF YOU ARE NOT OF SUCH AN AGE, YOU MAY NOT ACCESS THIS WEBSITE. ADDITIONALLY, PARENTAL OR LEGAL GUARDIAN CONSENT IS REQUIRED FOR ALL TRANSACTIONS RELATING TO RESERVATIONS RELATING TO MINORS.

The terms and conditions set forth in these Website Terms and Conditions (this “Agreement”) constitute a legal agreement between you (“you” or “End User”) and Student Housing Works LLC (“Student Housing Works”) By accessing and using the website located at the domain www.studenthousingworks.com and the subdomains thereof (individually and collectively, the “Website”), you accept and agree to be bound by the terms and conditions of this Agreement. In addition, when using or accessing the Website and/or the related services (the “Services”) provided by and/or on behalf of Student Housing Works, you and Student Housing Works LLC shall be subject to any guidelines or rules posted on or through the Website, which guidelines or rules may be posted and modified from time to time. All such guidelines and rules are hereby incorporated by reference into this Agreement.

THIS AGREEMENT MAY BE UPDATED, AMENDED, OR SUBSTITUTED BY STUDENT HOUSING WORKS LLCFROM TIME TO TIME WITHOUT NOTICE TO YOU, WITH SUCH UPDATED, AMENDED, OR SUBSTITUTED AGREEMENT TERMS TO BE EFFECTIVE UPON THEIR BEING POSTED ON THE  STUDENTHOUSINGWORKS.COM WEBSITE OR SUBDOMAIN PAGES THEREOF OR VIA HYPERLINK FROM ANY OF SUCH PAGES. As a result, we recommend that you review these Agreement terms and conditions from time to time to ensure you are aware of the latest Agreement terms and conditions.

Student Housing Works LLC may terminate your membership or right to access the Website and/or the Services at any time, for any or no reason, with or without notice. Student Housing Works LLC reserves the right to immediately suspend or terminate your access to the Website and/or the Services, without notice, upon any breach of this Agreement by you.

Your right to access the Website and/or the Services is for your sole, personal use. You may not authorize others to use the Services on your behalf, and you may not assign or otherwise transfer your right to access the Website and/or the Services to any other person or entity.

By using the Website and/or Services, you represent and warrant to us that you have never been convicted of any felony and are not required to register as a sex offender with any governmental entity. You acknowledge that while Student Housing Works LLC does not conduct criminal or sexual offender background checks on its customers/residents, it reserves the right to do so.

 

STUDENT HOUSING WORKS LLCDOES NOT NECESSARILY VERIFY THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE REPRESENTATIONS, WARRANTIES OR STATEMENTS MADE BY ITS CUSTOMERS/RESIDENTS. AS SUCH, THE RESULTS OF ANY REVIEW BY STUDENT HOUSING WORKS LLCOF THE BACKGROUND OF ANY CUSTOMER/RESIDENT ARE FURTHER LIMITED BY THE FAILURE OF AN CUSTOMER/RESIDENT TO BE TRUTHFUL, ACCURATE OR COMPLETE IN PROVIDING INFORMATION TO STUDENT HOUSING WORKS.

You agree that:

 

You are solely responsible for the content or information you provide through the Website or through the Services.

You will not provide information to Student Housing Works LLC any inaccurate material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

You will only use the Website and Services in a manner consistent with any and all applicable laws, rules and regulations.

You will not engage in advertising to, or solicitation of, other customers/residents of the Service to obtain, provide, buy or sell any products or services.

You are solely responsible for your interactions with other customers/residents of the Service.

Privacy Policy

Data provided by you and/or obtained by Student Housing Works LLC in connection with your use of the Website and/or the Services and certain other information about you are subject to Student Housing Works’ applicable privacy policy.

Links

Student Housing Works LLC may provide, or third parties may provide, links on the Website to other websites and/or resources. You acknowledge and agree that Student Housing Works 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, services or other materials on or available from such sites or resources. You further acknowledge and agree that Student Housing Works 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, advertising, products, services or other materials available on or through any such website or resource.

Indemnity by Member

You will defend, indemnify, and hold harmless Student Housing Works, its officers, directors, employees, agents, representatives and third parties (“Student Housing Works LLC Indemnitees”), from and against all claims, damages, losses, litigation expenses, counsel fees, and all other costs that may be asserted or claimed against the Student Housing Works LLC Indemnitees, or incurred by Student Housing Works LLC Indemnitees, that: (a) arise from, or are attributable to, any act or omission by you or your agents or representatives; (b) result from any breach of this Agreement by you; or (c) involve an allegation of infringement of any patent, trademark, copyright, or other intellectual property right or trade secret of a third party as well as any allegation of libel, slander, invasion of privacy, failure to obtain a necessary release, permission or clearance, or any other cause of action or claim arising out, directly or indirectly, your acts or omissions.

Online Content

Opinions, advice, statements, offers, or other information or content made available through the Website and/or the Services are those of their respective authors and not of Student Housing Works, and should not necessarily be relied upon. Such authors are solely responsible for such content. Student Housing Works LLC does not guarantee the accuracy, completeness, or usefulness of any information located on or provided through the Website and/or the Services and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Student Housing Works LLC be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on or through the Website and/or the Services, or transmitted to end users of the Website and/or the Services.

Proprietary Rights

Student Housing Works LLC retains all proprietary rights in the Website and the Services. The Website and the Services contain copyrighted material, trademarks, and other proprietary information of Student Housing Works LLC and its licensors. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

By posting information or content to or through the Website and/or the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Student Housing Works LLC and end users of the Website and/or the Services an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, and/or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Complaints

Any complaint you may have regarding the Website and/or the Services needs to be submitted to Student Housing Works LLC at info@studenthousingworks.com. If Student Housing Works LLC has any claim or notice to provide to you in connection with this Agreement or in connection with the Website and/or any Services, Student Housing Works LLC may deliver such claim or notice to you via electronic mail, postal delivery or personal delivery, using the contact information you provided to Student Housing Works, as such information may be updated by you from time to time. Such claim or notice will be deemed delivered the same day if sent by electronic mail or personal delivery, or five (5) days after being sent if sent by postal delivery. You agree that if you have any claim or notice you want to provide Student Housing Works LLC under this Agreement, you must deliver such claim or notice to Student Housing Works LLC via overnight delivery using a nationally recognized delivery service, with delivery acknowledgement required, to Student Housing Works LLC at

Student Housing Works LLC

332 Bleecker Street, Suite 838

New York, NY 10014

 

 

DISCLAIMER OF WARRANTY

STUDENT HOUSING WORKS LLCPROVIDES THE WEBSITE AND THE SERVICES ON AN “AS IS, WHERE IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE WEBSITE, SERVICES ANY COMMUNICATION WITH STUDENT HOUSING WORKS LLCOR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE WEBSITE AND/OR THE SERVICES. STUDENT HOUSING WORKS LLCSPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STUDENT HOUSING WORKS LLCDOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED.

 

Limitation of Liability

In no event will Student Housing Works LLC be liable to you for any incidental, consequential, special, punitive, exemplary, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Website and/or the Services, even if Student Housing Works LLC or its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Student Housing Works’. liability to you for any cause or action, damages, expenses or costs (collectively, “Claims”), whatsoever, regardless of the form or nature of the Claims, will at all times be limited to the amount of fees paid by you in the three (3) month period immediately preceding the events giving rise to such Claim(s). You agree that any claim by you or on your behalf must be made in writing to Student Housing Works, and received by Student Housing Works LLC within one (1) year of the events giving rise to such Claim(s).

In addition, Student Housing Works LLC disclaims all liability, regardless of the form of action, for the acts or omissions of other end users of the Website and/or the Services (including, but not limited to, unauthorized users, or “hackers”).

 

State by State Variations

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability. TO THE EXTENT THE JURISDICTION WHICH GOVERNS YOUR USE OF THE WEBSITE AND/OR THE SERVICES LIMITS THE DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS OF LIABILITY AS PROVIDED IN THIS AGREEMENT, YOU AGREE THAT THE TERMS OF THIS AGREEMENT SHALL BE DEEMED AMENDED IN ORDER TO GIVE MAXIMUM, LEGALLY ENFORCEABLE EFFECT TO SUCH DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS OF LIABILITY, REGARDLESS OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.

 

General Provisions

You agree that New York law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of New York, New York County, and that you submit to the exclusive jurisdiction of such courts in connection with any dispute related to the Website, the Services, or otherwise under the terms of this Agreement. This Agreement contains the entire agreement between you and Student Housing Works LLC regarding the use of the Website and the Services. Your obligations under this Agreement shall survive your ceasing to use the Website and/or Services. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nevertheless continue to be in full force and effect.

 

Payment Terms:

Cancellation and Refund Policy

You agree that with respect to any amounts you pay to Student Housing Works LLC, your right to receive a full, partial, or any refund of or credit for any amounts you pay to Student Housing Works LLC is subject to such cancellation and refund policy. Such cancellation and refund policy is subject to change at any time, without notice.

Copyright Policy

Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:

Student Housing Works LLC reserves the right to terminate your right to access the Website and/or the Services if you unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, if you submit content to or through the Website and/or the Services, whether articles, images, stories, software or other copyrightable material, you must ensure that the content you upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to Student Housing Works, and confirmation through court order or admission by you that you have used the Website and/or the Services as an instrument of unlawful infringement, Student Housing Works LLC may terminate your right to use and/or access the Website and/or the Services. Student Housing Works LLC may also in its sole discretion decide to terminate your right to use or access to the Website and/or the Services prior to that time if Student Housing Works LLC determines, in its discretion, that the alleged infringement has occurred.

If you believe that your copyright has been infringed through the use of the Website and/or the Services, please contact our legal department at info@studenthousingworks.com or mail at:

Legal Department – Copyright Policy

Student Housing Works LLC

332 Bleecker Street, Suite 838

New York, NY 10014