Terms of Service
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered by Off Campus Partners, LLC (the "Service"), owned and operated by Off Campus Partners, LLC ("Off Campus Partners" or “OCP”), is provided to you ("User") under the terms and conditions of this Terms of Service ("TOS"), and any operating rules or policies that may be published by Off Campus Partners at the URL: mitoffcampus.com (the "Service Site"). The TOS comprises the entire agreement between User and Off Campus Partners and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. DESCRIPTION OF SERVICE: The officers, directors, employees, and agents of Off Campus Partners are not licensed real estate brokers. The Service Site is provided only as a potentially useful source of real estate listings. Off Campus Partners makes no representation as to the validity or existence of any listing on the Service Site. While the Service Site may serve as a medium through which prospective tenants are linked to potential landlords/property managers, all Users expressly agree that neither Off Campus Partners nor Massachusetts Institute of Technology (“MIT”), including each organization’s respective employees, shall be held liable for any fees, expenses, damages or costs incurred by or charged against, or claims of any kind made against Users from their use of the Service Site. Off Campus Partners provides User with a variety of online services, including, but not limited to, the capability to search a database of off-campus properties and to post and search messages on message boards. Off Campus Partners allows students to search for properties and use message boards at no cost. In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested during your original sign-up shall be referred to as "Registration Data." If any Registration Data provided by User is inaccurate, Off Campus Partners reserves the right to terminate User's account and rights to use the Service.
3. NO "SPAMMING": User will not use the Service for chain letters, junk mail, "Spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. Any e-mail advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Off Campus Partners. If any User uses the Service for Spam, Off Campus Partners reserves the right to immediately terminate User's access to the Service and to seek appropriate legal recourse as necessary. If any User believes that others are using the Service for Spam, please contact Off Campus Partners, at email@example.com.
4. NOTICES: Off Campus Partners may give notice to its Users by e-mail, a posting on the Service Site, or other reasonable means. A User must give notice to Off Campus Partners in writing via e-mail. Off Campus Partners may broadcast, distribute or display notices or messages through the Service to inform User of changes to the TOS, the Service, or other matters of importance; such broadcasts, distributions or displays shall constitute notice to User.
5. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Off Campus Partners may modify or discontinue the Service with or without notice to User. Off Campus Partners shall not be liable to User or any third party should Off Campus Partners modify or discontinue the Service. Off Campus Partners may change the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, Off Campus Partners may notify User via e- mail, and/or by posting an announcement of the changes and a link to the new TOS on the start-up screen of the Service Site. Upon User's subsequent use of the Service, User will be asked to review the new TOS. User acknowledges and accepts the TOS by continuing to use the Service.
7. USER ACCOUNT, PASSWORD, AND SECURITY: Once User registers for the Service, User will receive a password and an account. User is responsible for maintaining the confidentiality of his or her password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User may change his or her password at any time by following instructions provided on the Service Site; User may also set up a new account at his or her convenience. User agrees to promptly notify Off Campus Partners of any unauthorized use of User's account or any other breach of security discovered by User.
8. DISCLAIMER OF WARRANTIES: USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OFF CAMPUS PARTNERS 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. OFF CAMPUS PARTNERS MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES OFF CAMPUS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER ACKNOWLEDGES THAT OFF CAMPUS PARTNERS DOES NOT CONTROL CONTENT (AS HEREAFTER DEFINED),, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES ON OR THROUGH THE SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, OFF CAMPUS PARTNERS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, USEFULNESS OR APPROPRIATENESS OF CONTENT OR PRODUCTS DISTRIBUTED OR SERVICES MADE AVAILABLE BY THIRD PARTIES AND/OR PURCHASED BY USERS THROUGH THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OFF CAMPUS PARTNERS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED HEREIN. USERS SHALL BE SUBJECT TO ALL DISCLAIMERS SET FORTH HEREIN TO THE EXTENT PERMISSIBLE BY LAW.
9. LIMITATION OF LIABILITY: OFF CAMPUS PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OFF CAMPUS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH OFF CAMPUS PARTNERS OR A THIRD PARTY , THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA. USER SPECIFICALLY AGREES THAT OFF CAMPUS PARTNERS IS NOT LIABLE TO USER FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY’S USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY.
10. NO RESALE OR COMMERCIAL USE OF THE SERVICE: User's right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service without the express consent of Off Campus Partners.
11. USER CONDUCT: User's use of the Service is subject to all applicable local, state, federal laws and regulations (the “Laws”), including for and if applicable to Users who post property and/or roommate listings on the Service, the Fair Housing Act (42 U.S.C. § 3601 et. seq.), as it may hereafter be amended, and all other applicable state and local fair housing laws. User agrees: (1) not to use the Service for illegal purposes (including without limitation, gambling or betting); (2) not to interfere or disrupt networks connected to the Service; and (3) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User agrees not to:
a. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
b. Transmit, publish or otherwise distribute through the Service any unlawful, harassing, defamatory, abusive, threatening, infringing, illegal, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
c. Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Service;
d. Transmit any material that incites others to commit a crime, or otherwise violates any applicable Laws;
e. Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
f. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
g. Advertise or offer to sell or buy any goods or services;
h. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
i. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity who is not a User of the Service, any directory of Service users or other user or usage information or any portion thereof, other than in the context of your use of the Service as permitted under the TOS;
k. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
l. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
m. Engage in any other conduct which, in Off Campus Partners' sole discretion, is considered unauthorized or objectionable.
12. CONTENT: User is solely responsible for any data, text, software, music, audio, photographs, graphics, video, messages, files or other materials ("Content") which are transmitted, posted, or distributed by User through the Service, including, but not limited to, the contents of User's e- mail communications, uploaded material, posts, and photos posted by User on the Off Campus Partners’ Site or through the Service. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. Off Campus Partners will monitor the Service Site regularly for offensive or inappropriate material. Upon discovery or notice of any such violation of the TOS, Off Campus Partners will promptly remove the content and terminate the User’s access to the Service. Please see Section 8 for additional disclaimers regarding Content.
13. INDEMNIFICATION: User agrees to indemnify, defend, and hold MIT, Off Campus Partners, and their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, liability, demand, damage, or expense, including reasonable attorneys' fees, arising out of User's use of the Service, the violation of this TOS by User, or the infringement by User (or other user of the Service using User's computer) of any intellectual property or other right of any person or entity.
14. TERMINATION: Either party may terminate the Service, with or without cause at any time and effective immediately, upon written notice to the other party. Off Campus Partners may terminate the Service or User's use of the Service with or without cause at any time and effective immediately, at Off Campus Partners' sole discretion, including, but not limited to, immediate termination of User's use of the Service should User fail to comply with any of the TOS, including but not limited to the terms of conduct set forth in Section 11. Off Campus Partners shall not be liable to User for termination of Service. Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is immediately to: (1) discontinue use of the Service; (2) terminate Service registration; and (3) notify Off Campus Partners of termination. Upon termination of the
Service, User's right to use the Service and Software shall cease immediately. Off Campus Partners will have no obligation thereafter to forward any unread or unsent messages to User or any third party. Off Campus Partners will have no obligation to export or save in electronic, paper or any other format any information posted by or to the User or any third party. Sections 8, 9, 10, 11, and 16 - 19 shall survive termination of the TOS.
15. PARTICIPATION IN PROMOTIONS OF THIRD PARTY PROVIDERS: User may enter into communications with or participate in promotions of any third party providers who offer their products and/or services through the Service ("Advertiser"), subject to all applicable disclaimers included in these TOS.
User acknowledges that content, contained in either sponsor advertisements or distributed via e-mail, or commercially produced information presented to User through the Service, by Off Campus Partners or Off Campus Partners' Advertisers ("Off Campus Partners Content" or "Advertiser Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted to use the Off Campus Partners Content or Advertiser Content as expressly authorized by the Off Campus Partners or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from the Off Campus Partners Content or Advertiser Content without express authorization from Off Campus Partners or Advertiser. User may make a copy of the Off Campus Partners Content or Advertiser Content for User's personal, noncommercial use only, provided that User keeps all copyright or other proprietary notices intact.
17. GENERAL PROVISIONS: Off Campus Partners' failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Off Campus Partners in writing. User and Off Campus Partners agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
18. SEPARABILITY OF PROVISIONS: Each provision of this Agreement shall be considered
separable. If any provision of this Agreement or the application thereof to any person or circumstance is determined to be invalid or unenforceable, the remainder of this Agreement (or the remainder of such provision) and the application thereof shall not be affected thereby, and such provision shall be construed, as nearly as possible, to reflect the intentions of the parties.
19. DISCLAIMER BY OCP AND HOST INSTITUTION: The listing of rental units on the Off Campus Partners website is a service to local rental property owners and MIT students, faculty, and staff. MIT and Off Campus Partners cannot guarantee the completeness or accuracy of such information. Inclusion of any property or rental unit on this website does not constitute, and shall not be construed or promoted as (1) an endorsement or approval by MIT or OCP of any property owner, manager, or authorized agent, its properties, or its business practices, or (2) a warranty or representation by MIT or OCP as to the quality, proximity to campus, safety or other features of such property and/or representations of any kind made by such parties.
MIT and OCP expressly disclaim any and all responsibility for any problems, damages, claims, fines, or expenses of any kind that may arise with regard to any properties listed on the Service Site, or with regard to disputes between landlords and tenants concerning such property or rental units. All prospective tenants are encouraged to exercise their own good judgment when evaluating a prospective rental unit. MIT and OCP make no warranties or representations regarding the quality, safety/security, habitability, suitability, or other features of such properties and/or its owners, management or rental agent(s).