Terms of Use

ACCEPTANCE OF TERMS OF USE AND AMENDMENTS

Each time you use or cause access to this Website, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this Website or accessed via this Website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use. Please read the site’s Privacy Policy, which is incorporated within these Terms of use by reference.

THE SERVICES

This Website and the services provided to you on and via this Website are provided on an “AS IS” basis. You agree that Arkansas Apartment Association reserves the right to modify or discontinue provisions of this Website and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The Arkansas Apartment Association will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS

In order to use this Website or certain parts of it, you may be required to register for a user account on this Website; in this case, you agree to provide truthful information when requested. By registering for a user account, you explicitly agree to this site’s Terms of Use, including any amendments made by the Arkansas Apartment Association that are published herein.

RESTRICTION AGAINST USAGE BY CHILDREN

Usage of the Website or its services is not intended for anyone under the age of 18.  Anyone under the age of 18 may not register with aaa-hq.org.

PRIVACY POLICY

Registration data and other personally identifiable information that the site may collect is subject to the terms of the Arkansas Apartment Association’s Privacy Policy which is incorporated into these Terms of Service by reference.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the Arkansas Apartment Association of any unauthorized use of your user account, user name or password.

YOUR CONDUCT

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), made available publicly or privately, will be under the sole responsibility of the person providing the said Content, or of the person whose user account is used. You agree that this Website may expose you to Content that may be objectionable or offensive. The Arkansas Apartment Association will not be responsible to you in any way for Content displayed on this Website, nor for any error or omission.

By using this Website or any service provided, you explicitly agree that:

1. You will not provide any Content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; torturous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
2. You will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
3. You will not collect or harvest any information about other users;
4. You will not provide, and you will not use this Website to provide, any Content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Website to promote or operate any service or Content without the Arkansas Apartment Association’s prior written consent;
5. You will not provide any Content that may give rise to the Arkansas Apartment Association being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

SUBMISSION OF CONTENT ON THIS WEBSITE

By providing any Content to this Website:

1. You agree to grant the Arkansas Apartment Association a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, or technology already known at the time of provision or developed subsequently;
2. You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the Arkansas Apartment Association the license specified in this section;
3. You acknowledge and agree that the Arkansas Apartment Association will have the right (but not obligation), at its sole discretion, to refuse to publish, or to remove, or to block access to any Content you provide, at any time and for any reason, with or without notice.

TERMINATION OF USAGE

The Arkansas Apartment Association may terminate or suspend your account or access to all or part of aaa-hq.org without notice for any conduct which Arkansas Apartment Association, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, third party, or service provider of the Arkansas Apartment Association.  The Arkansas Apartment Association reserves the right to prohibit conduct, communication, or Content that it deems to be harmful to users of the Website or its services, the Arkansas Apartment Association, any third party, or to violate any applicable law.

PROPRIETARY RIGHTS

You acknowledge that aaa-hq.org contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted or copyrightable as a collective work under the U.S. copyright laws, and Arkansas Apartment Association owns the copyright in the selection, coordination, arrangement, and enhancement of such proprietary Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

DISTRIBUTION/UPLOADING OF THIRD PARTY CONTENT

You may upload to or otherwise distribute on baycountymha.org only Content that is not subject to any copyright or other proprietary rights protection or Content in which the author has given express authorization for distribution on the Internet. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain any designation required by the copyright owner. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither the Arkansas Apartment Association nor its officers, directors, board members, employees, agents, or service providers will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm from such user submission.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

In compliance with the Digital Millennium Copyright Act, the Arkansas Apartment Association has procedures for notifying the Arkansas Apartment Association of any copyright infringement.  Users and other persons can report an infringement to the Arkansas Apartment Association to the following individual via mail: ty@aaa-hq.org. Any such notice must contain:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and its location on the Website;
4. Your email address and your mailing address and/or telephone number;
5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice to the same email or address noted above.  Any such counter-notice must contain:

1. Your electronic or physical signature;
2. Your email address and your mailing address and/or telephone number;
3. Identification of the material removed;
4. A statement, under penalty of perjury, that you have a good faith belief that he material was mistakenly removed;
5. Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where the notifying party is located (ii) where your address is located, or (iii) in the area of Arkansas Apartment Association serves, and that you will accept service of process from the notifying party.

THIRD-PARTY SERVICES

Goods and services of third parties may be advertised and/or may be made available on or through this Website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The Arkansas Apartment Association will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

INDEMNIFICATION

You agree to indemnify and hold harmless the Arkansas Apartment Association and its representatives, subsidiaries, Arkansas Apartment Associations, related parties, officers, directors,  board members, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim, demand, action, suit, or proceeding, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this Website or its services, your provision of Content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party. This section will survive any termination of the agreement contained in these Terms of Use.

LINKS TO OTHER WEBSITES

aaa-hq.org may contain links to other websites.  The inclusion of such links on aaa-hq.org does not constitute an endorsement and the Arkansas Apartment Association makes no representation or warranties about the Content of these links. The Arkansas Apartment Association is not responsible for any third party Content that may be accessed from aaa-hq.org and any such links are accessed at your own risk.  When accessing any such websites through hyperlinks on aaa-hq.org you agree that Arkansas Apartment Association will not be responsible for the actions or Content of any such websites.

ADVERTISERS

If you participate as an advertiser, you are solely responsible for all advertising Content you transmit or submit to the Website or through the Arkansas Apartment Association advertiser program, whether created by or for you, including but not limited to: (i) artwork, written Content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the Content and material included in such components; and (ii) Websites and Content proximately reachable from such advertising Content (collectively, “ads”). Prior to providing any ads and participating as an advertiser, you may be required to read and accept additional written terms and conditions governing your submission of ads to faahq.org (the “Advertiser Agreement”). The Arkansas Apartment Association disclaims all liability relating to your ads and you agree to indemnify the Arkansas Apartment Association for all losses the Arkansas Apartment Association incurs associated with the ads.

By submitting Content for advertising to any public area of any aaa-hq.org site, you automatically grant to Arkansas Apartment Association an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content) such Content, and to grant and authorize sublicenses thereof (through multiple tiers).

The Arkansas Apartment Association does not represent or guarantee the truthfulness, accuracy, or reliability of advertiser Content.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE ARKANSA APARTMENT ASSOCIATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE ARKANSAS APARTMENT ASSOCIATION MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE ARKANSAS APARTMENT ASSOCIATION NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE FAA WILL NOT BE HELD LIABLE IN ANY WAY. THIS SECTION WILL SURVIVE ANY TERMINATION OF THE AGREEMENT CONTAINED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ARKANSAS APARTMENT ASSOCIATION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) THE USE OF THE WEBSITE OR SERVICES OR THE INABILITY TO USE THE WEBSITE OR SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO OR THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES. THIS SECTION WILL SURVIVE ANY TERMINATION OF THE AGREEMENT CONTAINED IN THESE TERMS OF USE.

RESERVATION OF RIGHTS

The Arkansas Apartment Association reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Arkansas Apartment Association may have in respect of this Website, its Content, and goods and services that may be provided. The use of the Arkansas Apartment Association’s rights and property requires the Arkansas Apartment Association’s prior written consent. By making services available to you, the Arkansas Apartment Association is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Website or provided services without the Arkansas Apartment Association’s prior written consent.

APPLICABLE LAW AND DISPUTE RESOLUTION

This site is created and controlled by the Arkansas Apartment Association in the State of Arkansas.  You agree that these Terms of Use and any dispute arising out of your use of this Website or Products or Services provided will be governed by and construed in accordance with the laws of the State of Arkansas. You agree that any disputes relating to these Terms of Use, the use of this Website or the Services it provides will be litigated only in the Courts of Arkansas and you agree to personal jurisdiction in those Courts.  This section will survive any termination of the agreement contained in these Terms of Use.

DISCLAIMER OF ENDORSEMENT

The Arkansas Apartment Association does not endorse the products or services of any of its regular members or Arkansas Apartment Associations. The Arkansas Apartment Association name and logo are proprietary trademarks of the Arkansas Apartment Association and may not be used by any regular member or Arkansas Apartment Association except the Arkansas Apartment Association logo as provided to its regular members or Arkansas Apartment Associations upon request may be used by a regular member or Arkansas Apartment Association in its print or electronic communications to denote membership if and only if that regular member or Arkansas Apartment Association is in fact a member in good standing with Arkansas Apartment Association. No regular member or Arkansas Apartment Association shall imply or represent to any third party that Arkansas Apartment Association, its employees, board members, agents or assigns endorses any product or service of a regular member or Arkansas Apartment Association. Reference to any product, service, hypertext link to a third party, or other information by trade name, trademark, supplier, or otherwise in any advertisement or publication by Arkansas Apartment Association does not constitute or imply its endorsement, sponsorship, or recommendation by Arkansas Apartment Association. Arkansas Apartment Association in its sole discretion shall determine compliance with the foregoing guidelines and reserves the right to suspend or revoke the membership of any regular member or Arkansas Apartment Association member if any action or material is non-complying. Arkansas Apartment Association may take any action with respect to regular member or Arkansas Apartment Association if Arkansas Apartment Association believes, in its sole discretion, that the action or material may create liability for itself or any third parties.

SEVERABILITY

If any provision of these Terms of Use are held to be invalid or unenforceable, in whole or in part, in any jurisdiction, such provision will, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

MISCELLANEOUS INFORMATION

1. The failure of the Arkansas Apartment Association to assert any right under these Terms of Use will not be considered to be a waiver of any right, and such right will remain in full force and effect.
2. You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred.
3. The Arkansas Apartment Association may assign the Arkansas Apartment Association’s rights and obligations under these Terms of Use; in this event, the Arkansas Apartment Association will be relieved of any further obligation.