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User Agreement

User Agreement

Welcome to the www.ratemystudenthousingandme.com service (the “Service”).  The 

following Terms of Use apply when you view or use the Service [via our website located at 

http://www.ratestudenthousing.com] [or by accessing the Service through clicking on the 

application (the “App”) on your mobile device.]  Please review the following terms 

carefully.  By accessing or using the Service, you signify your agreement to these Terms of 

Use.  If you do not agree to these Terms of Use, you may not access or use the Service.  

PRIVACY POLICY

The Company respects the privacy of its Service users.  Please refer to the Company’s 

Privacy Policy (found here: 

[http://www.ratestudenthousing.com/LegalNotice/User_Agreement.pdf]) which explains how 

we collect, use, and disclose information that pertains to your privacy.  When you access or 

use the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE

The Service allows you to interact with your current housing situation(s). Since this is a 

platform and the users are the ones making the post please we aware of your actions, be 

mindful of others, please be respectful and truthful, and most importantly please be adults. 

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 13 years old and a resident of the United States to register for and 

use the Service.

If you are a user who signs up for the Service, will create a personalized account which 

includes a unique username and a password to access the Service and to receive 

messages from the Company.  You agree to notify us immediately of any unauthorized use 

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of your password and/or account. The Company will not be responsible for any liabilities, 

losses, or damages arising out of the unauthorized use of your member name, password 

and/or account.

USE RESTRICTIONS.

Your permission to use the Site is conditioned upon the following Use Restrictions and 

Conduct Restrictions: You agree that you will not under any circumstances:

·    post any information that is abusive, threatening, obscene, defamatory, libelous, or 

racially, sexually, religiously, or otherwise objectionable and offensive;

·    use the service for any unlawful purpose or for the promotion of illegal activities;

·    attempt to, or harass, abuse or harm another person or group;

·    use another user’s account without permission;

·    provide false or inaccurate information when registering an account;

·    interfere or attempt to interfere with the proper functioning of the Service;

·    make any automated use of the system, or take any action that we deem to impose or to 

potentially impose an unreasonable or disproportionately large load on our servers or 

network infrastructure;

·    bypass any robot exclusion headers or other measures we take to restrict access to the 

Service or use any software, technology, or device to scrape, spider, or crawl the Service or 

harvest or manipulate data; or

·    publish or link to malicious content intended to damage or disrupt another user’s 

browser or computer.

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide (“User 

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Content”).  You are solely responsible for the User Content that you post, upload, link to or 

otherwise make available via the Service.  You agree that we are only acting as a passive 

conduit for your online distribution and publication of your User Content.  The Company, 

however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User 

Content while using the Service, you agree as follows:

·    You are solely responsible for your account and the activity that occurs while signed in to 

or while using your account;

·    You will not post information that is malicious, false or inaccurate;

·    You will not submit content that is copyrighted or subject to third party proprietary rights, 

including privacy, publicity, trade secret, etc., unless you are the owner of such rights or 

have the appropriate permission from their rightful owner to specifically submit such 

content; and

·    You hereby affirm we have the right to determine whether any of your User Content 

submissions are appropriate and comply with these Terms of Service, remove any and/or all 

of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the 

use of any User Content that you make available or access through your use of the Service 

is solely your responsibility.  The Company is not responsible for any public display or 

misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor 

all User Content.  However, at our discretion, we, or technology we employ, may monitor 

and/or record your interactions with the Service.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through 

the Service, but not directly by the Company, are those of their respective authors, and 

should not necessarily be relied upon.  Such authors are solely responsible for such 

content.  The Company does not guarantee the accuracy, completeness, or usefulness of 

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any information on the Service and neither does the Company adopt nor endorse, nor is the 

Company responsible for, the accuracy or reliability of any opinion, advice, or statement 

made by parties other than the Company.  The Company takes no responsibility and 

assumes no liability for any User Content that you or any other user or third party posts or 

sends over the Service.  Under no circumstances will the Company be responsible for any 

loss or damage resulting from anyone’s reliance on information or other content posted on 

the Service, or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may be exposed to User 

Content that is inaccurate or objectionable.  The Company reserves the right, but has no 

obligation, to monitor the materials posted in the public areas of the service or to limit or 

deny a user’s access to the Service or take other appropriate action if a user violates these 

Terms of Use or engages in any activity that violates the rights of any person or entity or 

which we deem unlawful, offensive, abusive, harmful or malicious.  [E-mails sent between 

you and other participants that are not readily accessible to the general public will be 

treated by us as private to the extent required by applicable law.]  The Company shall 

have the right to remove any such material that in its sole opinion violates, or is alleged to 

violate, the law or this agreement or which might be offensive, or that might violate the 

rights, harm, or threaten the safety of users or others.  Unauthorized use may result in 

criminal and/or civil prosecution under Federal, State and local law.  If you become aware of 

misuse of our Service, please contact us at contactus@ratestudenthousing.com

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with convenient links to third party 

website(s) (“Third Party Sites”) as well as content or items belonging to or originating from 

third parties (the “Third Party Applications, Software or Content”).  These links are provided 

as a courtesy to Service subscribers.  The Company has no control over Third Party Sites 

and Third Party Applications, Software or Content or the promotions, materials, information, 

goods or services available on these Third Party Sites or Third Party Applications, Software 

or Content.  Such Third Party Sites and Third Party Applications, Software or Content are 

not investigated, monitored or checked for accuracy, appropriateness, or completeness by 

the Company, and the Company is not responsible for any Third Party Sites accessed 

through the Site or any Third Party Applications, Software or Content posted on, available 

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through or installed from the Site, including the content, accuracy, offensiveness, opinions, 

reliability, privacy practices or other policies of or contained in the Third Party Sites or the 

Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use 

or installation of any Third Party Site or any Third Party Applications, Software or Content 

does not imply approval or endorsement thereof by the Company.  If you decide to leave the 

Site and access the Third Party Sites or to use or install any Third Party Applications, 

Software or Content, you do so at your own risk and you should be aware that our terms 

and policies no longer govern.  You should review the applicable terms and policies, 

including privacy and data gathering practices, of any site to which you navigate from the 

Site or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts.  The Company respects the intellectual 

property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 

512(i) of the United States Copyright Act, the Company has adopted and implemented a 

policy that provides for the termination in appropriate circumstances of users of the Service 

who are repeat infringers.  The Company may terminate access for participants or users 

who are found repeatedly to provide or post protected third party content without necessary 

rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and 

believe, in good faith, that any materials provided on the Service infringe upon your 

copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act 

(see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the 

Company’s designated copyright agent at 19335 Bridgewater Lane, Riverside CA 92508:

 

1. The date of your notification; 

2. A physical or electronic signature of a person authorized to act on behalf of the 

owner of an exclusive right that is allegedly infringed; 

3. A description of the copyrighted work claimed to have been infringed, or, if multiple 

copyrighted works at a single online site are covered by a single notification, a 

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representative list of such works at that site; 

4. A description of the material that is claimed to be infringing or to be the subject of 

infringing activity and information sufficient to enable us to locate such work; 

5. Information reasonably sufficient to permit the service provider to contact you, such 

as an address, telephone number, and/or email address; 

6. A statement that you have a good faith belief that use of the material in the manner 

complained of is not authorized by the copyright owner, its agent, or the law; and 

7. A statement that the information in the notification is accurate, and under penalty of 

perjury, that you are authorized to act on behalf of the owner of an exclusive right 

that is allegedly infringed. 

(c) Counter-Notices. If you believe that your User Content that has been removed from the 

Site is not infringing, or that you have the authorization from the copyright owner, the 

copyright owner's agent, or pursuant to the law, to post and use the content in your User 

Content, you may send a counter-notice containing the following information to our 

copyright agent using the contact information set forth above:

 

1. Your physical or electronic signature; 

2. A description of the content that has been removed and the location at which the 

content appeared before it was removed; 

3. A statement that you have a good faith belief that the content was removed as a 

result of mistake or a misidentification of the content; and 

4. Your name, address, telephone number, and email address, a statement that you 

consent to the jurisdiction of the federal court in New York and a statement that you 

will accept service of process from the person who provided notification of the 

alleged infringement. 

If a counter-notice is received by the Company copyright agent, the Company may send a 

copy of the counter-notice to the original complaining party informing such person that it 

may reinstate the removed content in 10 business days.  Unless the copyright owner files 

an action seeking a court order against the content provider, member or user, the removed 

content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business 

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days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and 

warrant that you have a right to grant, to the Company a royalty-free, sublicensable, 

transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, 

modify, publish, list information regarding, edit, translate, distribute, publicly perform, 

publicly display, and make derivative works of all such User Content and your name, voice, 

and/or likeness as contained in your User Content, if applicable, in whole or in part, and in 

any form, media or technology, whether now known or hereafter developed, for use in 

connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual 

property rights of any kind related to the Service, including applicable copyrights, 

trademarks and other proprietary rights.  Other product and company names that are 

mentioned on the Service may be trademarks of their respective owners. We reserve all 

rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE 

Communications made through the Service’s e-mail and messaging system, will not 

constitute legal notice to the Company or any of its officers, employees, agents or 

representatives in any situation where notice to the Company is required by contract or any 

law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in 

an electronic form via the email address you have submitted; and (b) agree that all Terms of 

Use, agreements, notices, disclosures, and other communications that the Company 

provides to you electronically satisfy any legal requirement that such communications would 

satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

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We may also use your email address, to send you other messages, including information 

about the Company and special offers. You may opt out of such email by changing your 

account settings or sending an email to support@ratemystudenthousingandme.com or mail 

to the following postal address:

Customer Support

19335 Bridgewater Lane, Riverside CA 92508

or 

contactus@ratestudenthousing.com

Opting out may prevent you from receiving messages regarding the Company or special 

offers.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT 

LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL 

WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE 

SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, 

FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-

INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO 

WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE 

SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL 

RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING 

AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED 

FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT 

DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE 

COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR 

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PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR 

FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 

DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, 

OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE 

SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT 

MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE 

COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON 

WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL 

THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE 

POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS 

FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS 

LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY 

NOT APPLY TO YOU.

If you have a dispute with one or more users, a restaurant or a merchant of a product or 

service that you review using the Service, 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.”

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the 

event of any such amendments.  It is your sole responsibility to check the Site from time to 

time to view any such changes in the Agreement.  If you continue to use the Site, you 

signify your agreement to our revisions to these Terms of Use.  However, we will notify you 

of material chances to the terms by posting a notice on our homepage and/or sending an 

email to the email address you provided to us upon registration.  For this additional reason, 

you should keep your contact and profile information current.  Any changes to these Terms 

(other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall 

not be valid or effective except in a written agreement bearing the physical signature of an 

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officer of the Company.  No purported waiver or modification of this Agreement by the 

Company via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement 

will be construed consistent with applicable law.  The remaining portions will remain in full 

force and effect. Any failure on the part of the Company to enforce any provision of this 

Agreement will not be considered a waiver of our right to enforce such provision.  Our rights 

under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the 

Company must commence within ONE year after the cause of action accrues.  Otherwise, 

such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United 

States of America and the laws of the State of California, without regard to conflict of law 

provisions.

The Company may assign or delegate these Terms of Service and/or the Company’s 

Privacy Policy, in whole or in part, to any person or entity at any time with or without your 

consent. You may not assign or delegate any rights or obligations under the Terms of 

Service or Privacy Policy without the Company’s prior written consent, and any 

unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND 

THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. 

YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE 

PRIVACY POLICY AT 

[http://www.ratestudenthousing.com/LegalNotice/User_Agreement.pdf] REPRESENT THE 

COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND 

THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, 

AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT 

MATTER OF THIS AGREEMENT.

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