Welcome to Aptcast.com. This document is a legal agreement ("Agreement") between you and Aptcast.com, Inc., and its affiliated distributors describing the terms and conditions applicable to your use of this Application. Please take the time to examine this document carefully and understand its full contents before accessing or using the Application. By accessing or using the Application, you will agree to be legally bound by these Terms and Conditions. If you represent a company or other entity, you warrant that you are authorized to enter into this Agreement on behalf of your company or other entity.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
Aptcast.com is not a real estate agency and does not provide real estate representation, advice, opinions on condition and/or valuation of any real estate property advertised in the Application. Information that you may receive through the Application is for your own evaluation purposes only. Aptcast.com cannot and does not guarantee or warrant any of the information that you may receive through the Application. If you are in need of qualified information or support for your real estate transaction, we recommend that you contact a licensed real estate professional for advice.
The links to such third party sites on such pages are for your convenience and the inclusion of such link of the Application does not imply any endorsement, guarantee, warranty or representation by Aptcast.com of the quality or accuracy of the products or services provided to you by any such site. The links in the Application will allow other sites to be accessed. These linked sites are not under the control of Aptcast.com, and Aptcast.com is not responsible for the contents of any linked site. Aptcast.com provides links only as a convenience, and such inclusion of any link does not imply endorsement, guarantee, warranty or representation by Aptcast.com of the site.
Aptcast.com holds the confidentiality of its registered visitors in the highest regard. Aptcast.com aggregates user statistics for its own use through the use of electronic Application tracking tools. Unless specifically allowed by you, Aptcast.com may not sell, rent or otherwise transfer your information to outside parties except to assist in the closing of your specific transaction or fulfillment of a product or service ordered by you. Aptcast.com will take reasonable measures not to disclose information about you or the contents of your communications to any other party, except that Aptcast.com may do so in the good faith belief that such action is reasonably necessary (a) to comply with law; (b) to comply with legal process; (c) to enforce this Agreement; (d) to respond to claims that any content violates the rights of third parties; or (e) to protect the legitimate interests of Aptcast.com or others. As a convenience to you, Aptcast.com lists product and service providers or links to product and service providers and Aptcast.com is not responsible for the privacy policies of these entities. Aptcast.com is a corporation. It shall have the right to merge with other companies, to sell shares, or to otherwise transfer its assets. Therefore, the information regarding advertisers and registered visitors which is in the possession of Aptcast.com are assets that would be transferred in such a transaction. However, any potential transferee would be required to agree to be bound to the terms of confidentiality which are required by Aptcast.com.
The contents of this Application are protected by copyright. You may print and download portions of the materials solely in connection with your use of the Aptcast.com services provided on the Application. Any other copying, redistribution, publication or retransmission of any portion of Application material, is strictly prohibited without the express written consent of Aptcast.com. You agree not to change or delete any proprietary notices from any materials downloaded from the Application. You agree that communications directed to Aptcast.com via the Application, (i.e. questions, comments, inquiries etc.), shall be the property of Aptcast.com. Aptcast.com shall have the non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over any such communications, as well as the material displayed in your postings. Aptcast.com shall have the right to use your property in connection with the advertising or promotion of the Application.
Aptcast.com utilizes the services of independent contractors in different regions to locally provide the content necessary for the advertising of apartments to be successful and to arrange for information regarding local providers of products and services that could be of interest to Aptcast.com visitors. Aptcast.com will be distributing information to the independent contractor in your area, and Aptcast.com cannot guarantee that the independent contractor will faithfully discharge the duty to maintain confidentiality. The independent contractor is contractually required to do so by agreement with Aptcast.com. Any dispute regarding that issue would be solely between the independent contractor and the advertiser, visitor or user of Aptcast.com.
Your communications on, or through, the Application are not edited, censored, or otherwise controlled by Aptcast.com. Aptcast.com cannot and does not screen all content provided by advertisers and users of the Application. Not withstanding the foregoing, Aptcast.com reserves the right to monitor content on the Application and to remove content which Aptcast.com in its sole discretion, determines to be harmful, offensive, or otherwise in violation of its operation policies. In order to maintain an informative and valuable service that meets the needs of users and avoids the dissemination of statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse. While using the Application you may not (1) post information anonymously or under a false name; or (2) post any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or is otherwise prohibited under any applicable law. Aptcast.com reserves the right to take such action as it deems appropriate, including but not limited to the immediate removal of such content, where the Application is used to disseminate statements which are offensive or harmful in Aptcast.com's sole and arbitrary discretion. Should any provision of the Terms and Conditions be found to violate any statute, ordinance or government regulation the, said provision may be deleted or modified to conform to law.
BY ACCESSING OR USING THIS Application YOU ASSUME ANY AND ALL RESPONSIBILITY AND RISK OF USE OF Aptcast.com Application AND ANY PRODUCTS OR SERVICES CONTAINED THEREIN. Aptcast.com Application IS PROVIDED ON AN "AS IS " BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. Aptcast.com ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS Application OR ANY OTHER Application WHICH MAY BE REFERENCED OR LINKED TO THIS Application. REFERENCES TO INDIVIDUALS OR CORPORATIONS, THEIR INFORMATION, REAL PROPERTIES, PERSONAL PROPERTIES, PRODUCTS, OR SERVICES ARE PROVIDED "AS IS " WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED I NCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. THE INFORMATION INCLUDED IN THIS Application MAY INCLUDE ECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. Aptcast.com DOES NOT REVIEW OR SUBSTANTIATE ANY OF THE INFORMATION, REAL PROPERTIES, PERSONAL PROPERTIES, PRODUCTS, SERVICES, OR CLAIMS MADE ON THE Application. Aptcast.com MAY MAKE IMPROVEMENTS AND/OR AMENDMENTS TO THE Application AT ANY TIME WITH OR WITHOUT NOTICE. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS MAY APPEAR. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, REAL OR PERSONAL PROPERTIES POSTED, SERVICES AND MERCHANDISE PROVIDED THROUGH THE Application. 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." FOR RESIDENTS OF OTHER STATES, IN THE EVENT ANY SIMILAR LEGISLATION OR REGULATION EXISTS, USERS SHALL AGREE THAT SUCH LEGISLATION OR REGULATION APPLIES. TO THE EXTENT THAT THE RELEASE CAN EXTEND TO CLAIMS WHICH THE USER DOES NOT KNOW OR SUSPECT TO EXIST, THIS RELEASE SHALL APPLY. Aptcast.com DOES NOT AND WILL NOT GUARANTEE, REPRESENT OR WARRANT THAT THE Application WILL MEET YOUR REQUIREMENTS. Aptcast.com DOES NOT AND WILL NOT GUARANTEE, REPRESENT OR WARRANT THAT SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE OR THAT DEFECTS IN THE Application WILL BE CORRECTED. Aptcast.com USES INDUSTRY STANDARD EFFORTS TO SAFEGUARD THE CONFIDENTIALITY OF YOUR PERSONAL IDENTIFIABLE INFORMATION SUCH AS FIREWALLS AND SECURE SOCKET LAYERS. HOWEVER, "PERFECT SECURITY" DOES NOT EXIST ON THE INTERNET. THE LINKS TO SUCH THIRD PARTY SITES ON SUCH PAGE ARE FOR YOUR CONVENIENCE AND THE INCLUSION OF SUCH LINK OF THE Application DOES NOT IMPLY ANY ENDORSEMENT, GUARANTEE, WARRANTY OR REPRESENTATION BY Aptcast.com OF THE PROPERTY, PRODUCT OR SERVICES PROVIDED TO YOU BY ANY SUCH SITE. Aptcast.com DOES NOT SUPPLY INFORMATION NOR ADVICE REGARDING THE PROCEDURES OR STEPS NEEDED TO EVALUATE OR RENT REAL PROPERTY. ANY ADVICE OR INFORMATION THAT YOU MAY RECEIVE THROUGH THE Application IS NOT A SUBSTITUTE FOR LICENSED REAL ESTATE SERVICES. Aptcast.com CANNOT AND DOES NOT GUARANTEE OR WARRANT ANY OF THE INFORMATION THAT YOU MAY RECEIVE THROUGH THE Application. Aptcast.com SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Application.
YOU AGREE THAT Aptcast.com AND ITS INDEPENDENT CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE Application, FOR COST OF PROCUREMENT, RENTAL OR LEASE OF SUBSTITUTE REAL PROPERTIES, GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Application OR RESULTING FROM UNAUTHORIZED ACCESS OR REMOVAL OF DATA OR ALTERATION OF DATA OR OTHERWISE ARISING FROM ANY OTHER MATTER RELATING TO THE Application, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR ANY CLAIM OF LOSS OR DAMAGE, FINANCIAL, OR EMOTIONAL OR OTHERWISE, EVEN IF Aptcast.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL Aptcast.com'S LIABILITY EXTEND TO YOU OR ANY OTHER PARTY. YOU AGREE THAT Aptcast.com AND ITS INDEPENDENT CONTRACTORS SHALL NOT BE LIABLE FOR ANY CLAIMS OR STATEMENTS MADE BY ADVERTISERS, ADVERTISER'S AGENTS, INDEPENDENT CONTRACTORS OR AGENTS FOR THEIR REAL PROPERTIES, PERSONAL PROPERTIES, PRODUCTS OR SERVICES. YOU ALSO AGREE THAT Aptcast.com AND ITS INDEPENDENT CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE, RENT OR LEASE REAL PROPERTY, PERSONAL PROPERTY, PRODUCTS OR SERVICES ADVERTISED ON Aptcast.com. Aptcast.com SIMPLY PROVIDES AN INTERNET ADVERTISING AND TRADING VENUE FOR THE RENTAL OR LEASE OF REAL ESTATE AND PROVIDE NAMES OF PERSONS AND COMPANIES THAT USERS MAY WISH TO UTILIZE TO OBTAIN SERVICES AND/OR PRODUCTS. AS SUCH, THE PARTIES AGREE THAT THERE IS NO CONCEIVABLE DAMAGE THAT A USER COULD SUFFER BECAUSE OF MERELY OBTAINING INFORMATION FROM Aptcast.com.
YOU ACKNOWLEDGE THAT Aptcast.com DOES NOT AT ANY TIME COME INTO POSSESSION OF THE REAL PROPERTY, PERSONAL PROPERTY, GOODS, EQUIPMENT OR SERVICES PROVIDED ON THE Application AND THAT Aptcast.com IS NOT AND CANNOT BE AWARE OF THE SPECIFIC USE TO WHICH THOSE ITEMS WILL BE PUT. YOU HEREBY RELEASE, INDEMNIFY, DEFEND AND HOLD Aptcast.com AND ITS INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, AND AFFILIATES HARMLESS FROM ALL CLAIMS, DEMANDS, COSTS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH PROPERTY POSTINGS, PROPOSALS, LISTINGS, UNCOMPLETED OR COMPLETED TRANSACTIONS, SERVICES OR ITEMS OFFERED OR ACTUALLY SOLD, RENTED OR LEASED THROUGH THE Application.
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your use of the Application. You agree that Aptcast.com, in its sole discretion, may terminate your use of the Application immediately and without notice if Aptcast.com makes a good faith determination that you have acted inconsistently with the spirit or the letter of this Agreement. You agree not to resell or assign your rights or obligations under these Terms and Conditions. You agree not to make any unauthorized commercial use of the service which includes use of the Aptcast.com name or logo without our express written authorization. These Terms and Conditions and the relationship between you and Aptcast.com shall be governed by the laws of Nevada without regard to its conflict of law provisions. You and Aptcast.com agree to submit to the personal and exclusive jurisdiction and venue of the state of Nevada and Superior Court in Clark County, Nevada. In the event any user alleges a claim for which has exclusive jurisdiction in Federal Court, venue shall be in the Federal Court in Clark County, Nevada. The failure of Aptcast.com to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 these Terms and Conditions shall remain in full force and effect. 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 Application must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal nor contractual effect.
Before you begin to use, rent or lease real estate properties, personal properties, products and or services on this Application, it is important that you understand a few rules of the road.
The Application is a venue where Advertisers and users, renters or lessees of real properties, personal properties, products and services contact each other. Aptcast.com is not responsible for the content and/or transactions on this Application; we are facilitators only. Unlike stores or auctions in physical space, Aptcast.com is not involved in the actual transaction between Advertiser and user, renters or lessees. Aptcast.com has no control over the quality, safety or legality of the items offered, the accuracy of the postings, the ability of Advertisers to rent or lease real property or sell items or the ability of users, renters or lessees of real property or buyers to buy items. All transactions contain an element of risk, and Aptcast.com has no control over such risks.
Provide accurate, complete current registration information. Use information obtained through the Application only as necessary to participate in the Application and to complete any transaction in which you are involved.
Provide accurate, complete and current information describing the real property, personal property, product or service that you intend to offer for rent, lease or exchange on the Application. Periodically review the posting for accuracy and notify Aptcast.com of any changes.
Property must be available or will be available at a
specified date when posted on the Aptcast.com
The Advertiser agrees to accurately represent the
property. Aptcast.com is not responsible for any errors
or omissions in the Advertiser's description.
Disagreements will be settled between the Advertiser, user, renter and/or lessee. Aptcast.com shall not be involved in any disputes between Advertiser, user, renter and/or lessee. Aptcast.com is not liable for any Advertiser, user, renter and/or lessee not completing the transaction. Noncompliance of the Terms and Conditions will be grounds for removal from the Application.
Except as specifically permitted by this section, you
may not disclose your Aptcast.com password to any third
parties nor share it with any third parties. If you lose
control of your password, you may lose substantial
control over your identifiable information and my be
subject to legally binding actions taken on your behalf.
Therefore, if your password has been compromised for any
reason, you should immediately change your password.
Reviewing and Changing Your Personally Identifiable
Aptcast.com maintains the database containing your password. In the event you lose control of your password, go to the "My Account" page, enter your new password and click on the submit button. Aptcast.com will cancel your old password and immediately issue your new password.
Without limiting any other remedies, Aptcast.com may suspend or terminate your account if you are found (by conviction, insurance or escrow investigation or otherwise) to have engaged in fraudulent activity in connection with the Aptcast.com Application.
Our Application contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages nor the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Aptcast.com Application. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is dated on a real time basis and is proprietary or is licensed to Aptcast.com by third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, nor publicly display any content (except for Your Information) from our Application without the prior expressed written permission of Aptcast.com.
If Aptcast.com believes, in its sole discretion, that there is a violation of these Terms and Conditions by a visitor to the Application, it has the right to terminate such visitor's access to the Application and to exclude such visitor from participating in the future. The Terms and Conditions pertaining to visitors to the Application may be changed by Aptcast.com without notice and in its sole discretion, effective upon posting to the Application.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Aptcast.com, 1250 W. Charleston Park Ave, Pahrump, NV 89048, or to the email address you provide to Aptcast.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Aptcast.com during the registration or contract process. Notice shall be deemed given 3 days after the date of mailing.