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Table of Contents
1. ABOUT OUR SITE
Welcome to the
Harvard Housing OCHGateway . The
Harvard Housing OCHGateway
and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designates
(collectively and individually "Harvard Housing"
) provides its service to you subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. In addition,
when using particular
Harvard Housing
owned or operated services, you and
Harvard Housing
shall be subject to any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS.
Harvard Housing
may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Harvard Housing OCHGateway
provides users with access to a rich collection of resources, including various
communications tools, forums, search services, and personalized content through
its web site which may be accessed through any various medium or device now known
or hereafter developed (the "Service"). You also understand and agree that the Service
may include certain communications from
Harvard Housing OCHGateway , such as service announcements,
administrative messages or newsletters, and that these communications are considered
part of
Harvard Housing OCHGateway
membership and you will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
shall be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that
Harvard Housing OCHGateway
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings. You are responsible
for obtaining access to the Service, and that access may involve third-party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees. In addition, you must provide and are responsible for all equipment
necessary to access the Service.
Harvard Housing OCHGateway
is not responsible for the service being down for whatever reason and employs a
no-refund policy.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or
Harvard Housing OCHGateway
has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete,
Harvard Housing OCHGateway
has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
4.
HARVARD HOUSING OCHGATEWAY
PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full
Privacy Policy. You understand that through your use of the Service you
consent to the collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other countries
for storage, processing and use by
Harvard Housing OCHGateway
and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will choose a username and a password upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the password
and account and are fully responsible for all activities that occur under your password
or account. You agree to (a) immediately notify
Harvard Housing OCHGateway
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
Harvard Housing OCHGateway
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not
Harvard Housing OCHGateway , are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make available via
the Service.
Harvard Housing OCHGateway
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
Harvard Housing OCHGateway
be liable in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a
Harvard Housing OCHGateway
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do
not have a right to make available 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);
- upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available 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;
- 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;
- provide material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s) designated
by the United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through m above.
You acknowledge that
Harvard Housing OCHGateway
may or may not pre-screen Content, but that
Harvard Housing OCHGateway
and its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or move any Content that is available via the Service. Without
limiting the foregoing,
Harvard Housing OCHGateway
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
Harvard Housing OCHGateway
or submitted to
Harvard Housing OCHGateway , including without limitation
information in
Harvard Housing OCHGateway
Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that
Harvard Housing OCHGateway
may access, preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access 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; (d)
respond to your requests for customer service; or (e) protect the rights, property
or personal safety of
Harvard Housing OCHGateway , 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.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and that use
of these materials is subject to usage rules set by
Harvard Housing OCHGateway
and/or content providers who provide content to the Service. You may not attempt
to override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS
ON
Harvard Housing OCHGateway
NETWORK
When you register with
Harvard Housing OCHGateway , you acknowledge that in using
Harvard Housing OCHGateway
services to send electronic communications (including but not limited to email,
search queries, sending messages to
Harvard Housing OCHGateway
Chat or
Harvard Housing OCHGateway
Groups, uploading photos and files to
Harvard Housing OCHGateway , and other Internet activities),
you will be causing communications to be sent through
Harvard Housing OCHGateway 's computer networks. As a result,
and also as a result of
Harvard Housing OCHGateway 's network architecture and business
practices and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of interstate communications
regardless of where you are physically located at the time of transmission. Accordingly,
by agreeing to this Terms of Service, you acknowledge that use of the service results
in interstate data transmissions.
8. 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.
9. CONTENT SUBMITTED OR MADE
AVAILABLE FOR INCLUSION ON THE SERVICE
Harvard Housing OCHGateway
does not claim ownership of Content you submit or make available for inclusion on
the Service. However, with respect to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant
Harvard Housing OCHGateway
the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible
areas of
Harvard Housing OCHGateway
groups, the license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the purposes of providing
and promoting the specific
Harvard Housing OCHGateway
Group to which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the Service
and will terminate at the time you remove or
Harvard Housing OCHGateway
removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than
Harvard Housing OCHGateway
groups, the license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the purpose for which
such Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will terminate
at the time you remove or
Harvard Housing OCHGateway
removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service other than
Harvard Housing OCHGateway
Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
10. INDEMNITY
You agree to indemnify and hold
Harvard Housing OCHGateway
and its subsidiaries, affiliates, officers, agents, employees, partners and licensors
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, transmit or otherwise
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your
Harvard Housing OCHGateway
ID), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that
Harvard Housing OCHGateway
may establish general practices and limits concerning use of the Service, including
without limitation the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or received
by an account on the Service, the maximum disk space that will be allotted on
Harvard Housing OCHGateway 's servers on your behalf, 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
Harvard Housing OCHGateway
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
Harvard Housing OCHGateway
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that
Harvard Housing OCHGateway
reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO
SERVICE
Harvard Housing OCHGateway
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
Harvard Housing OCHGateway
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
14. TERMINATION
You agree that
Harvard Housing OCHGateway
may, under certain circumstances and without prior notice, immediately terminate
your
Harvard Housing OCHGateway
account, any associated email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or violations of
the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f) extended periods of
inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h)
nonpayment of any fees owed by you in connection with the Services. Termination
of your
Harvard Housing OCHGateway
account includes (a) removal of access to all offerings within the Service (b) deletion
of your password and all related information, files and content associated with
or inside your account (or any part thereof), and (c) barring of further use of
the Service. Further, you agree that all terminations for cause shall be made in
Harvard Housing OCHGateway 's sole discretion and that
Harvard Housing OCHGateway
shall not be liable to you or any third party for any termination of your account,
any associated email address, or access to the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because
Harvard Housing OCHGateway
has no control over such sites and resources, you acknowledge and agree that
Harvard Housing OCHGateway
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
Harvard Housing OCHGateway
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.
16.
HARVARD HOUSING OCHGATEWAY 'S 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 by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by
Harvard Housing OCHGateway
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.
Harvard Housing OCHGateway
grants you a personal, non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work from, 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 neither to modify the Software in any manner or form,
nor 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
Harvard Housing OCHGateway
for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
Harvard Housing OCHGateway
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM 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.
-
Harvard Housing OCHGateway
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE 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.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Harvard Housing OCHGateway
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO
HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Harvard Housing OCHGateway
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU 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
Harvard Housing OCHGateway
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.
19. 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 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
21. NOTICE
Harvard Housing OCHGateway
may provide you with notices, including those regarding changes to the TOS, by email,
regular mail or postings on the Service.
22. TRADEMARK INFORMATION
Harvard Housing
Off Campus Housing e,
Harvard Housing OCHGateway
and all related logo trademarks and service marks and other
Harvard Housing OCHGateway
logos and product and service names are trademarks of
Harvard Housing OCHGateway
Inc. (the "Harvard Housing OCHGateway
Marks"). Without
Harvard Housing OCHGateway 's prior permission, you agree
not to display or use in any manner the
Harvard Housing OCHGateway
Marks.
23. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
Harvard Housing OCHGateway
and governs your use of the Service, superseding any prior agreements between you
and
Harvard Housing OCHGateway
with respect to the Service. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other
Harvard Housing OCHGateway
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
Harvard Housing OCHGateway
shall be governed by the laws of the State of Connecticut without regard to its
conflict of law provisions. You and
Harvard Housing OCHGateway
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Connecticut.
Waiver and Severability of Terms. The failure of
Harvard Housing OCHGateway
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.
No Right of Survivorship and Non-Transferability. You agree that your
Harvard Housing OCHGateway
account is non-transferable and any rights to your
Harvard Housing OCHGateway
ID or contents within your account terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action 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.
You agree that any obligation for property licensing required for your property
in your city/town will be current and up to date at all times.
You agree to allow inspections of properties as listed on
Harvard Housing OCHGateway , by members of the
Harvard Housing OCHGateway
to ensure accurate validation of your property listing.
24. VIOLATIONS
Please report any violations of the TOS to our Customer Service group or you can
contact us at:
Harvard Housing OCHGateway
Attention: Privacy Policy
http://ticket.roommateclick.com/
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