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- TERMS OF SERVICE -

Welcome to SanDiegoApartments.com.™ This site (this "Site") is comprised of various Web pages owned and operated by SanDiegoApartments.com, Inc. or its affiliates ("SanDiegoApartments.com") for your personal information and use. Your submission of information to and access and use of this Site is subject to the terms and conditions of the terms of service set forth below (the "Terms of Service"). By submitting information to and/or accessing and browsing this Site you accept and agree to abide by, without limitation or qualification, the Terms of Service. If you do not agree to be bound by the Terms of Service, you may not use this Site.

IMPORTANT -- YOU MUST READ THIS CAREFULLY BEFORE USING THIS SITE. THIS SITE IS OWNED, CONTROLLED AND OPERATED BY SANDIEGOAPARTMENTS.COM, 2878 CAMINO DEL RIO SOUTH, SUITE 101, SAN DIEGO, CA 92108. SANDIEGOAPARTMENTS.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THE TERMS OF SERVICE AT ANY TIME.

1. Copyrights. All of the material on this Site, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, are protected by copyrights which are owned and controlled by SanDiegoApartments.com, or by third parties that have licensed their material to SanDiegoApartments.com or are advertisers on SanDiegoApartments.com, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without the express written permission from SanDiegoApartments.com. Users may view and download material from this Site only for personal, non-commercial use. All contents of the Site are: Copyright © 2000-2008 SanDiegoApartments.com. All Rights Reserved.

2. Trademarks. SanDiegoApartments.com™ and the names of other SanDiegoApartments.com products and services referenced herein are trademarks of SanDiegoApartments.com.

3. Submission and Administration of Listings. You shall not submit any property descriptions, photographs, financial, contract or other information ("Listing Information") to this Site unless (a) you have received all necessary rights and authorizations, including, without limitation, from the owner of the property listed, any necessary agents or brokers, the author of the Listing Information, including the photographer and/or copyright owner of any photographs, as applicable, (b) publish or advertise the Listing Information as part of the services provided by this Site and allow the Listing Information to be accessed, downloaded and copied by users of such services, (c) the Listing Information is truthful and accurate and you maintain the accuracy of the Listing Information at all times, and (d) the Listing Information complies with all applicable laws, including, but not limited to, anti-discrimination laws. If you submit Listing Information to this Site, you represent and warrant that the foregoing is correct at the time of submission and will remain correct as long as the Listing Information is used in connection with this Site. By submitting Listing Information to this Site, you hereby grant SanDiegoApartments.com a license to use the Listing Information for any purpose, including, but not limited to, publication of all or part of such Listing Information on the Internet for use by other users. SanDiegoApartments.com shall have the sole authority to choose the manner in which any Listing Information will be received, displayed and used by this Site. If you provide any Listing Information that is untrue, inaccurate, not current, incomplete or unlawful, or if SanDiegoApartments.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or unlawful, SanDiegoApartments.com reserves the right to remove all or any part of Listing Information or refuse access to this Site, and the services provided hereunder, to you at any time in its sole discretion.

4. Use of Information. This Site contains information which is derived in whole or in part from materials and information supplied by other sources. SanDiegoApartments.com makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information contained in this Site, which is subject to deletion, addition and change at any time without notice from SanDiegoApartments.com. SanDiegoApartments.com does not ensure the accuracy, endorse or recommend any Listing Information and your use of any such information is at your own risk. The information contained on this Site cannot be considered complete as to all of the apartments available for lease or sale in the greater San Diego area and SanDiegoApartments.com undertakes no commitment to update the information contained in this Site within a particular period of time. It is the responsibility of each user of any portion of the Site to ascertain the accuracy of any information before entering into any commitment (financial or otherwise) or undertaking any course of action based upon the information contained in this Site. You shall limit access and use of the Listing Information to personal and internal use. You may not reproduce the Listing Information or use the Listing Information for further distribution, transmission, publication, display or any other uses.

5. Disclaimer of Warranties. ALL OF THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION, ADVICE, OR GUIDANCE, WHETHER ORAL OR WRITTEN, RECEIVED BY YOU FROM SANDIEGOAPARTMENTS.COM OR THIS SITE SHALL CREATE ANY WARRANTY.

6. Limitation of Liability. IN NO EVENT SHALL SANDIEGOAPARTMENTS.COM BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, PERSONS OR ENTITIES WHO MAY SUBMIT LISTING INFORMATION TO, USE OR RELY ON THIS SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION OR OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. FURTHER, SANDIEGOAPARTMENTS.COM SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR OMISSIONS (INCLUDING ACTS OF DISCRIMINATION OR FAILURE TO OBTAIN PROPER LEGAL CERTIFICATIONS OR LICENSES) OF LANDLORDS, ADVERTISERS, BROKERS OR OTHER SERVICE PROVIDERS THAT HAVE POSTED INFORMATION ON THIS SITE OR FOR ANY INFORMATION POSTED ON THIS SITE BY SUCH PARTIES.

7. Third Party Sites. As a convenience to users, SanDiegoApartments.com may provide links on the Site to Web sites maintained by others. SanDiegoApartments.com has not reviewed such sites and is not responsible for the contents or availability of such sites or for products or services offered on such sites. SanDiegoApartments.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or claimed to have been caused by use of any such sites or the content, goods, services, or advertisements contained on or available via such sites. Links have been provided for your convenience and the inclusion of any link does not imply endorsement by SanDiegoApartments.com of the site or any association with the site's owners or operators.

8. Roommates. A feature of this Site also permits users to locate roommates. SanDiegoApartments.com makes no representations or warranties and disclaims all liabilities associated with the use of or reliance on the "roommates" feature, or the actions of a roommate located on this Site. It is the responsibility of each user to ascertain the suitability of a particular roommate. Each user should investigate potential roommates carefully.

9. Privacy Policy. Pursuant to SanDiegoApartment.com's privacy policy, we may disclose to third parties certain aggregate information contained in your registration or Listing Information or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.

10. Equal Opportunity Housing. The Fair Housing Act and other federal and state laws were enacted to guarantee a right to a national housing market free from discrimination based on race, color, religion, sex, handicap, familial status, and national origin. You agree to comply with all such laws that may be applicable to you. If you suspect that you have been discriminated against, you should contact an attorney, your Local Board of REALTORS® or the U.S. Department of Housing and Urban Development at 1-800-699-9777 or at http://www.hud.gov/fhe/fheo.html.

11. Real Estate Licenses. Real Estate brokers, listing agents and other persons listing real estate on this Site represent and warrant that they have obtained all appropriate certifications, permits and licenses, if any, which are necessary to fully comply with all applicable laws relating to the sale and leasing of real estate and other activities conducted by such persons through this Site. Other users of this Site should be aware that SanDiegoApartments.com has not conducted an independent investigation of each of these persons to determine if such certifications, permits and licenses have been obtained. Moreover, because the purpose of this Site is to provide information regarding real estate in San Diego, California, users should also be aware that brokers, listing agents and other persons may be licensed to practice real estate only in the State of California, even though this Site is accessible and can be used by those outside the State of California. It is the responsibility of each user to investigate and verify that all appropriate certifications, permits and licenses have been obtained.

12 Indemnification. Each user (including those persons submitting Listing Information and their employees, agents, and business partners) of this Site agrees to indemnify, defend and hold SanDiegoApartments.com harmless from and against any and all third party claims, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or resulting from (a) such user's breach of any provision of these Terms of Service, (b) such user's negligence or wilful misconduct, or (c) a claim that Listing Information or other information submitted to this Site infringes the intellectual property or proprietary rights of a third party.

13. General. This Site is controlled and operated by SanDiegoApartments.com from its offices within the State of California, United States of America. SanDiegoApartments.com makes no representation that the materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of California. Any action you, any third party, or SanDiegoApartments.com brings to enforce these Terms of Service or in connection with any matters relating to this Site shall be brought only in either the state or federal courts located in San Diego, County, California, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement and understanding between you and SanDiegoApartments.com and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.

14. Term and Termination. These Terms of Service are effective until terminated by either you or SanDiegoApartments.com. You may terminate the Terms of Service at any time by discontinuing your use of this Site and destroying all materials obtained from it. The provisions contained under the headings Copyrights, Trademarks, Disclaimer of Warranties, Limitation of Liability, Indemnification and General shall survive any such termination.