Terms of Service
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"), 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: 1. offcampushousing.law.barry.edu (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 INDICATE 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 information. Off Campus Partners makes no representation as to the validity or existence of any listing on the Service Site. While the site may serve as a medium through which potential tenants are linked to potential landlords/property managers, all users expressly agree that Off Campus Partners, and its employees shall not be held in any way liable for fees, expenses, damages or costs incurred by potential or leased tenants nor by potential or leased landlords. 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, to post properties for rent, 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. Off Campus Partners charges Users, on annual basis, for an annual subscription to post property listings on the Service. In consideration for this Service, User agrees to: (1) pay Off Campus Partners within 30 days of each invoice, (2) provide certain current, complete, and accurate information about User as prompted to do so by the Service, and (3) 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, or User fails to make payment within 30 days for any invoice, Off Campus Partners reserve 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. An 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 firstname.lastname@example.org.
4. COMPLIANCE WITH FAIR HOUSING ACT: User shall not refuse to display, lease or sublease property posted on the Service to any person due to such person's race, color, religion, national origin, sex, familial status or physical disability and shall comply with the provisions of the Fair Housing Act (42 U.S.C. Â§ 3601 et. seq.), as it may hereafter be amended, and with all applicable state and local fair housing laws.
5. NOTICES: Off Campus Partners may give notice to its Users by e-mail, a posting on the 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 broadcast, distributions or displays shall constitute notice to User.
6. 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. 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.
8. 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; User may also set up a new account at his or her convenience. User agrees to immediately notify Off Campus Partners of any unauthorized use of User's account or any other breach of security known to User.
9. 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, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS OR THIRD PARTIES ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO OFF CAMPUS PARTNERS FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, OFF CAMPUS PARTNERS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS) 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 THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. OFF CAMPUS PARTNERS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. 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 MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
10. 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 (INCLUDING BUT NOT LIMITED TO ADVERTISERS) 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 RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
11. 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.
12. USER CONDUCT: Off Campus Partners reserves the right, but does not assume the responsibility, to monitor or review User conduct on the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes (including without limitation, gambling or betting); (3) not to interfere or disrupt networks connected to the Service; and (4) 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. Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise);
b. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
c. Transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
d. 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;
e. Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
f. Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
g. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
h. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
i. Advertise or offer to sell or buy any goods or services for any non-personal purpose;
j. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
k. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that 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;
l. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
m. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
n. 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
o. Engage in any other conduct which, in Off Campus Partners' sole discretion, is considered unauthorized or objectionable.
13. CONTENT: User is solely responsible for any data, text, software, music sound, 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 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. This means that User, and not Off Campus Partners, is entirely responsible for all Content that User uploads, posts, e-mails or otherwise transmits via the Service. Off Campus Partners does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Off Campus Partners 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, e-mailed or otherwise transmitted via the Service.
14. INDEMNIFICATION: User agrees to indemnify and hold Off Campus Partners, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or 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.
15. CHANGE IN PROPERTY OWNERSHIP OR MANAGEMENT: In the event User wishes to transfer ownership or management of a property posted for rent on the Service Site, it will provide prior written notice to Off Campus Partners of such intended transfer, identifying the pertinent property in the notice and further including in such notice the name and contact information of and for the new owner or manager. The prior written consent of Off Campus Partners is a prerequisite to the assumption of this Agreement by a successor owner or manager, and such new owner or manager will be required to assume responsibility in writing for all obligations of User hereunder. Unless so assumed, User will continue to be obligated under this Agreement until the end of the Initial Term or Renewal Term, as applicable. In such case, User may request that Off Campus Partners remove the property listing from the Service Site.
16. 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's conduct fail to conform with these terms and conditions of the TOS, including but not limited to the terms of conduct set forth in Section 12. Off Campus Partners shall not be liable to User or any third party 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 to immediately: (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. User shall have no right and Off Campus Partners will have no obligation thereafter to forward any unread or unsent messages to User or any third party. User shall have no right and 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 9, 10, and 12 - 21 shall survive termination of the TOS
17. PARTICIPATION IN PROMOTIONS OF ADVERTISERS: User may enter into correspondence with or participate in promotions of any advertisers who show their products and/or services on the Service Site or through the Service ("Advertiser"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and Advertiser. Off Campus Partners assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
User acknowledges that content, contained in either sponsor advertisements or distributed via e-mail, or commercially produced information presented to User by 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.
19. GENERAL PROVISIONS: The TOS shall be governed by and construed in accordance with the laws of the state of North Carolina, excluding its conflict of law provisions. User and Off Campus Partners agree to submit to the exclusive jurisdiction of the courts of the state of North Carolina, provided, however, that either party may elect to settle any litigation in any way arising out of or relating to the TOS by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. 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.
20. LANGUAGE: It is the express wish of the parties that the TOS and all related documents have been drawn up in English.
21. SEPARABILITY OF PROVISIONS: Each provision of this Agreement shall be considered separable. If for any reason any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid.
22. DISCLAIMER: DISCLAIMER: DISCLAIMER: The Barry University Dwayne O. Andreas School of Law (“Barry Law School”) has engaged with Off Campus Partners to provide the listing of rental units on this site as a service to members of the Barry Law School community. This web site is owned and operated by Off Campus Partners. The listing of rental opportunities on this site is offered as a service to local rental property owners and to Barry Law School students, faculty and staff. Property owners and persons seeking roommates are responsible for reporting information fairly and accurately and Barry Law School and Off Campus Partners cannot guarantee the completeness or accuracy of such information. Inclusion of any property or rental unit on this web site maintained by Off Campus Partners does not constitute and shall not be construed or reported as (1) an endorsement or approval by Barry Law School, Barry University or Off Campus Partners of the landlord, its properties, or its business practices, or (2) a warranty or representation by Barry Law School, Barry University or Off Campus Partners as to the quality, safety or other features of such property and/or its owners or management agents. Barry Law School, Barry University and Off Campus Partners expressly disclaim any and all responsibility for any problems that may arise 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 or landlord.