Terms & Conditions

Terms of Service for Renters

Please read carefully before using this website.

Welcome to NakedApartments.com and its apartment rental services for renters and brokers / landlords (the "Site"). The Site is owned by Naked Apartments, Inc. ("Naked Apartments", "we," "us," or "our"). BY CLICKING THE "I ACCEPT" BUTTON OR BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE. If you do not accept these Terms of Service, you are not authorized to use the Site.

These Terms of Service apply to your use of service(s) on a beta (or free trial) basis, except that the provisions below regarding payment will not apply to such use.

1. Our Agreement

You are subscribing to use the Site as a renter. Your use of the Site is governed by these Terms of Service. By using the Site, you also agree to the Privacy Policy. Portions of the Site may have additional terms posted, which you must accept and observe in order to use those portions of the Site. These Terms of Service, along with the Privacy Policy and additional terms of the Site, make up the entire agreement between you and Naked Apartments with respect to the Site, including all services offered through the Site, and supersedes prior agreements between you and Naked Apartments.

By registering for this service, you warrant the information you are submitting to be true and complete, and you authorize

1) Naked Apartments and/or its Credit Reporting Agency (Zip Reports) to obtain a consumer report from one or all three repositories of information, and

2) Naked Apartments and/or its Credit Reporting Agency (Zip Reports) to provide the consumer report to broker and landlord Subscribers of the Service as provided in the Terms of Service, and

3) Naked Apartments and/or its Credit Reporting Agency (Zip Reports) and/or its broker and landlord Subscribers to investigate any data obtained from me or from any other firm or person pertaining to my credit.

You further agree that the consumer report shall remain the property of Naked Apartments and/or Zip Reports.

2. Modifications

Naked Apartments may modify these Terms of Service at any time by posting the modified Terms of Service on the Site or by notifying you by e-mail, at our option. All changes will be effective upon our posting or sending the e-mail and will only affect your use of the Site after the effective date of the change, unless we say otherwise in the notice. You are encouraged to regularly visit these Terms of Service on the Site. Your use of the Site after we provide notice of changes will be considered your agreement to those changes.

The Site is continually under development, and changes to it, including adding or deleting services and/or features, may be made at any time. Naked Apartments will not be liable to you or to anyone else for any modifications to the Site. Your sole recourse for any modifications is to terminate your use of the Site.

3. Your Registration Information and Obligations

By registering as a renter subscriber to the Site, you certify that: (a) you are at least 18 years of age; and (b) you have provided (and you will maintain and update) true, accurate, current and complete information about yourself as prompted by our registration form, including but not limited to your income (such information being the "Registration Data"). If any information you provide is (or we suspect may be) untrue, inaccurate, not current or incomplete, Naked Apartments has the right to immediately suspend or terminate your account and refuse further use by you of the Site. In addition, any contacts (including commission rates) made by a broker /landlord subscriber to you may be rescinded or not honored by the broker / landlord or the broker / landlord may adjust the commission rate.

You may only have one active subscriber account on the Site at any given time. You may not transfer your account to anyone else without our prior written consent. You will be assigned, or you must choose, a user name and password for access to and use of the Site. You are responsible for maintaining the confidentiality of your user name and password and for all activities that occur through use of your account or under your user name and/or password. You agree to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of involving or relating to the Site and its services by emailing us at info@nakedapartments.com.

In order to maintain the security of your account, we recommend that you exit from your account at the end of each session, in particular when using a public or shared computer.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. Use of the Site

Subject to your full compliance with these Terms of Service, you may access and use the Site for your own personal purposes in finding an apartment to rent. All rights not expressly granted are reserved by Naked Apartments and its suppliers and licensors. Except as expressly authorized by Naked Apartments, you may not use the Site, or any part of it, for any commercial purposes.

You agree not to access the Site by any means other than through the browser interface we provide - any automated means of accessing the Site, including through use of scripts, robots or web crawlers, is prohibited.

5. Our Proprietary Rights

The Site contains proprietary and confidential information that is available only to registered subscribers and is protected by applicable intellectual property and other laws. The content on the Site, including text, information, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, "Materials") and the trademarks, service marks and logos on the Site ("Marks"), are owned by or licensed to Naked Apartments, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

6. Prohibited Activities

You agree that you will not, nor will you permit any third party to:
(a) sublicense, resell, transfer, or assign to a third party your account or use or allow anyone else to use your account on behalf of someone else;

(b) modify, copy or create derivative works of the Site or any Materials, or use the Site, or any part of it, in connection with a competitive product or service;

(c) attempt to access, download, decompile or reverse engineer the software and technology through which Naked Apartments provides the Site;

(d) except with Naked Apartments' prior express permission, create Internet "links" to the Site or "frame" or "mirror" the Site (or any portion of it) on any other server or wireless or Internet-based device;

(e) attempt to gain unauthorized access to the Site or use any unauthorized means to modify or reroute the Site (or attempt to do so), including by robots, spiders or other automated device, process or means to access any portion of the Site, or to disable or circumvent any technological measure we use to control or limit access or to protect our rights;

(f) use the Site and its services in any manner which could damage, disable or overburden the Site or interfere with anyone else's authorized use and enjoyment of the Site, or send or store material containing software viruses, worms, Trojan horses or other harmful code;

(g) use the Site for an illegal purpose or to induce or encourage illegal activities, or

(h) post any content (including any reviews of brokers or landlords), or engage in behavior or otherwise use the Site in a manner, that is harassing, infringing, libelous, invasive of another's privacy, harmful, threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to civil liability. You may not remove, deface or obscure any of our or our providers', suppliers' or licensors' copyright, trademark and other proprietary notices on, in or associated with the Site.

7. Other Subscribers and Third Parties

The Site is used by other renter subscribers and by broker / landlord subscribers. The manner in which we may disclose information about you to broker / landlord subscribers and others is provided in the Privacy Policy. We require every broker /landlord to be bound by terms of service in which the broker / landlord agrees to maintain the confidentiality of your personal information in accordance with our Privacy Policy. In addition, the Site also may link to third party sites not owned or controlled by Naked Apartments.

Naked Apartments is in no way liable for the actions of any subscribers or other users of the Site, or for the contents of any third party web sites. The opinions expressed by subscribers and other users do not necessarily represent those of Naked Apartments, nor is Naked Apartments responsible in any way for the words or actions of such persons or entities. In particular, you are solely responsible for determining whether to accept any contact provided by a broker / landlord subscriber and whether to provide your contact information to such subscriber, and for any and all interactions and transactions with such subscriber.

8. Refusal and Termination of Services

Naked Apartments reserves the right to refuse service, or to terminate service, to any subscriber or other user at any time and for any reason, including but not limited to for any violation of these Terms of Service.

You may terminate your use of the Site and its services at any time.

9. Disclaimer of Warranties

THE SITE, INCLUDING ALL SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT (A) THE SITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAINED THROUGH OR FROM THE SITE OR FROM ANY AGENT OF NAKED APARTMENTS CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

10. Limitations of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL OF ITS SERVICES IS AT YOUR OWN RISK. As part of this assumption of risk, you acknowledge and agree that you are solely responsible for evaluating the legitimacy, accuracy and quality of broker's or landlord's contacts and/or listing information.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NAKED APARTMENTS OR ANY OF ITS LICENSORS, SUPPLIERS, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any event, if the above limitations and exclusions are not enforceable or do not apply, Naked Apartments' aggregate liability otherwise in connection with the Site and its services shall not exceed the amounts, if any, actually paid by you to Naked Apartments for the Site and its services in the 12-month period prior to the event giving rise to such liability.

11. 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 MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. Indemnification

You agree to indemnify and hold Naked Apartments, its employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) in connection with your use of the Site, including any of its services.

16. Governing Law; Dispute Resolution

These Terms of Service will be governed in accordance with the laws of the state of New York, without regard to its principles of conflict of laws. You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Site and your access and use thereof, if at all, does not apply to these Terms of Service.

Any dispute relating to the Site or these Terms of Service will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in New York City. Judgment on the award rendered may be entered in any court having jurisdiction thereof.

However, if either you or Naked Apartments makes a good faith determination that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms of Service by the other (including infringement of intellectual or proprietary rights), such action may proceed without first resorting to arbitration.

17. Electronic Communications

You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. Notices and communications to Naked Apartments must be sent to the applicable address given in these Terms of Service or to info@nakedapartments.com.

18. Jurisdictional Issues

This Site is controlled and operated by Naked Apartments by its (and, as applicable, its suppliers' and licensors') offices in the United States. Naked Apartments makes no representation that materials or content on or available through the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site and its services from jurisdictions where the contents of the Site and its services are illegal or penalized is prohibited.

19. Feedback

If you provide to us in any way any suggestions or comments regarding the Site, you agree that we (and our providers, suppliers and licensors) may use, share, commercialize and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.

20. Miscellaneous

If any portion of these Terms of Service is unenforceable, such portion is severable and will not affect the enforceability of the remainder of these Terms of Service. Failure to exercise or enforce any right or term of these Terms of Service is not a waiver. No waiver of any right under these Terms of Service is effective unless and to the extent in writing signed by an authorized representative.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in any proceedings, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or your access to and use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Service are personal to you and you may not assign these Terms of Service, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms of Service (including all other incorporated terms) that is intended by its terms to survive termination will survive.

Terms of Service for Brokers/Landlords

Please read carefully before using this website. (Last updated January 25, 2011)

Welcome to NakedApartments.com and its [apartment] rental services for renters and brokers/landlords (the "Site"). The Site is owned by Naked Apartments, Inc. ("Naked Apartments", "we," "us," or "our"). BY CLICKING THE "I ACCEPT' BUTTON OR BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE. If you are using the Site on behalf of any entity, you represent that you have authority to bind the entity to these Terms of Service, and the words "you" and "your" refer to such entity as well. If you do not have such authority or you otherwise do not accept these Terms of Service, you are not authorized to use the Site. These Terms of Service apply to your use of service(s) on a beta (or free trial) basis, except that the provisions below regarding payment will not apply to such use.

1. Our Agreement

You are subscribing to use the Site as a broker or a landlord. Your use of the Site is governed by these Terms of Service. By using the Site, you also agree to the Privacy Policy. Portions of the Site may have additional terms posted, which you must observe in order to use those portions of the Site. These Terms of Service, along with the Privacy Policy and additional terms of the Site, make up the entire agreement between you and Naked Apartments with respect to the Site, including all services offered through the Site, and supersedes prior agreements between you and Naked Apartments.

2. Modifications

Naked Apartments may modify these Terms of Service at any time by posting the modified Terms of Service on the Site or by notifying you by e-mail, at our option. All changes will be effective upon our posting or sending the e-mail and will only affect your use of the Site after the effective date of the change, unless we say otherwise in the notice. You are encouraged to regularly visit these Terms of Service on the Site. Your use of the Site after we provide notice of changes will be considered your agreement to those changes.

The Site is continually under development, and changes to it, including adding or deleting services and/or features, may be made at any time. Naked Apartments will not be liable to you or to anyone else for any modifications to the Site. Your sole recourse for any modifications is to terminate your use of the Site as provided below.

3. Your Registration Information and Obligations

By registering as a broker/landlord subscriber to the Site, you certify that: (a) you are at least 18 years of age; (b) you have provided (and you will maintain and update) true, accurate, current and complete information about yourself as prompted by our registration form, including if applicable your broker license number. If any information you provide is (or we suspect may be) untrue, inaccurate, not current or incomplete, Naked Apartments has the right to immediately suspend or terminate your account and refuse further use by you of the Site. In addition, any contacts (including commission rates) you made to a renter may be rescinded or not honored by the renter.

You may only have one active subscriber account on the Site at any given time. You may not transfer your account to anyone else without our prior written consent. You will be assigned, or you must choose, a user name and password for access to and use of the Site. You are responsible for maintaining the confidentiality of your user name and password and for all activities that occur through use of your account or under your user name and/or password. You agree to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of involving or relating to the Site and its services by emailing us at info@nakedapartments.com. In order to maintain the security of your account, we recommend that you exit from your account at the end of each session, in particular when using a public or shared computer.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. Use of the Site

Subject to your full compliance with these Terms of Service, you may access and use the Site for your own business purposes in (in the case of brokers) assisting renters in securing apartment leases or (in the case of landlords) obtaining renters for your rental properties. All rights not expressly granted are reserved by Naked Apartments and its suppliers and licensors. Except as expressly authorized by Naked Apartments, you may not use the Site, or any part of it, for any commercial purposes or for the benefit of any third party.

You agree not to access the Site by any means other than through the browser interface we provide - any automated means of accessing the Site, including through use of scripts, robots or web crawlers, is prohibited.

5. Our Proprietary Rights

The Site contains proprietary and confidential information that is available only to registered subscribers and is protected by applicable intellectual property and other laws. The content on the Site, including text, information, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, "Materials") and the trademarks, service marks and logos on the Site ("Marks"), are owned by or licensed to Naked Apartments, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

6. Prohibited Activities

You agree that you will not, nor will you permit any third party to:

(a) sublicense, resell, transfer, or assign to a third party your account or use or allow anyone else to use your account on behalf of someone else;

(b) modify, copy or create derivative works of the Site or any Materials, or use the Site, or any part of it, in connection with a competitive product or service;

(c) attempt to access, download, decompile or reverse engineer the software and technology through which Naked Apartments provides the Site;

(d) except with Naked Apartments' prior express permission, create Internet "links" to the Site or "frame" or "mirror" the Site (or any portion of it) on any other server or wireless or Internet-based device;

(e) attempt to gain unauthorized access to the Site or use any unauthorized means to modify or reroute the Site (or attempt to do so), including by robots, spiders or other automated device, process or means to access any portion of the Site, or to disable or circumvent any technological measure we use to control or limit access or to protect our rights;

(f) use the Site in any manner which could damage, disable or overburden the Site or interfere with anyone else's authorized use and enjoyment of the Site, or send or store material containing software viruses, worms, Trojan horses or other harmful code;

(g) use the Site for an illegal purpose or to induce or encourage illegal activities, or

(h) post any content, or to engage in behavior or otherwise use the Site in a manner, that is harassing, infringing, libelous, invasive of another's privacy, harmful, threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to civil liability. You may not remove, deface or obscure any of our or our providers', suppliers' or licensors' copyright, trademark and other proprietary notices on, in or associated with the Site.

(i) post any content that violates Fair Housing Laws, which prohibit discrimination against any person because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin.

7. Your Listings

As between you and us, all information and other content regarding apartment listings that you upload to the Site (collectively, "Your Listings") will remain your intellectual property.

You agree that by submitting Your Listings to the Site you grant to Naked Apartments and its providers and agents a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive right and license to store, use, reproduce, modify and distribute, in accordance with these Terms of Service, Your Listings as part of the operation of the Site, including for technical maintenance, software development, debugging, and backup purposes. You acknowledge and agree that we may use third party technical service providers, such as hosting providers and storage or server operators, third party payment processors, web hosting services providers and web analytics ("Service Providers"), who may have access to Your Listings for purposes of providing services to Naked Apartments.

All of Your Listings must be apartments that are currently open, and all information you provide regarding Your Listings must be accurate, including but not limited to address, size and other descriptions of Your Listings. You are responsible for promptly updating information regarding Your Listings, including removing from the Site listings that are no longer available. Any breach of these obligations will entitle Naked Apartments to immediately suspend or terminate your account on the Site.

You represent that you have the right to provide, and allow use pursuant to these Terms of Service, all of Your Listings to the Site without violation of any third party rights, these Terms of Service or any laws or regulations. You acknowledge that Naked Apartments does not pre-screen Your Listings, but that Naked Apartments and its designees have the right (but not the obligation) to refuse or remove any of Your Listings from the Site that violates these Terms of Service, as determined by Naked Apartments in its discretion. Naked Apartments is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Listings.

You understand that the technical processing and transmission of the Site, including Your Listings, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Naked Apartments may ask You to confirm the continued availability of Your Listings. If You do not respond to the request within the time frame specified, Naked Apartments may remove your Listing(s) from the Site.

8. Other Subscribers and Third Parties

The Site is used by other brokers / landlords and by renter subscribers. In addition, the Site may link to third party sites not owned or controlled by Naked Apartments.

Naked Apartments is in no way liable for the actions of any subscriber or other user of the Site, or for the contents of any third party web sites. The opinions expressed by other subscribers or users do not necessarily represent those of Naked Apartments, nor is Naked Apartments responsible in any way for the words or actions of such persons or entities. You are solely responsible for determining whether to extend any contact to a renter subscriber and for any and all interactions and transactions with such renter subscriber. Further, Naked Apartments is not responsible for collection from or payment by renter subscribers of any commissions or other amounts owed to you based on use of the Site.

9. Contact

When You make an initial contact to any renter subscriber through our Renter Search feature (“Search For Renters”) the commission rate included in that contact will apply to the Listings you attach with such renter subscriber.

You agree to honor your offered commission rate with each renter. Naked Apartments considers this to be one of your primary obligations in your use of the Site. If you fail to honor your commission rate or any contact you make to a renter subscriber, Naked Apartments may suspend or terminate your account, with or without notice.

10. Subscription Plans; Fees and Payment Policy

Naked Apartments will make available to you one or more Subscription Plans. The terms, features and applicable fees of each Subscription Plan are posted on the Site at http://www.nakedapartments.com/broker/choose-plan.

Subscriptions will automatically renew for an additional term equal to the length of the original term unless you request cancellation at least one (1) day prior to the renewal date. Naked Apartments may change the Subscription Plan features, terms and fees at any time with or without notice, effective upon posting.

You agree to pay all applicable fees for your access to and use of the Site. All fees are exclusive of sales, use, excise or any other taxes, and you are responsible for all such taxes except those based on Naked Apartments' net income or assets. Payment obligations cannot be cancelled, and no payments are refundable.

You must provide Naked Apartments with valid credit card information when registering for the Site and its services, and you must notify Naked Apartments of any change in that information. Where applicable, Naked Apartments charges and collects in advance for use of the Site and its services.

Failure by Naked Apartments to receive payment in full when due will entitle us to refuse to post (or remove) your contacts to the Site or remove Your Listings, suspend or terminate your account.

11. Refusal and Termination of Services

Naked Apartments reserves the right to refuse service, or to terminate service, to any subscriber or other user at any time and for any reason, including but not limited to for any violation of these Terms of Service.

You may terminate your use of the Site and its services at any time.

You are responsible for paying all amounts owed to Naked Apartments regardless of termination of your use of the Site. Upon any termination, we will be under no obligation to provide a monetary refund to you, even if any money is available in your wallet or account on the Site. Upon any termination of your account, we reserve the right to permanently delete all of Your Listings and to terminate your access to and use of the services.

12. Disclaimer of Warranties

THE SITE, INCLUDING ALL SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT (A) THE SITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAINED THROUGH OR FROM THE SITE OR FROM ANY AGENT OF NAKED APARTMENTS CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

13. Limitations of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL OF ITS SERVICES IS AT YOUR OWN RISK. As part of this assumption of risk, you acknowledge and agree that you are solely responsible for evaluating the legitimacy and accuracy of renter subscribers' information, including their financial viability, and ability to pay your commission or under the terms of any lease agreement entered into with the renter subscriber.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NAKED APARTMENTS OR ANY OF ITS LICENSORS, SUPPLIERS, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any event, if the above limitations and exclusions are not enforceable or do not apply, Naked Apartments' aggregate liability otherwise in connection with the Site and its services shall not exceed the amounts, if any, actually paid by you to Naked Apartments for the Site and its services in the 12-month period prior to the event giving rise to such liability.

14. 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 MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. Indemnification

You agree to indemnify and hold Naked Apartments, its employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) in connection with your use of the Site, including any of its services.

16. Governing Law; Dispute Resolution

These Terms of Service will be governed in accordance with the laws of the state of New York, without regard to its principles of conflict of laws. You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Site and your access and use thereof, if at all, does not apply to these Terms of Service.

Any dispute relating to the Site or these Terms of Service will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in New York City. Judgment on the award rendered may be entered in any court having jurisdiction thereof.

However, if either you or Naked Apartments makes a good faith determination that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms of Service by the other (including infringement of intellectual or proprietary rights), such action may proceed without first resorting to arbitration.

17. Electronic Communications

You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. Notices and communications to Naked Apartments must be sent to the applicable address given in these Terms of Service or to info@nakedapartments.com.

18. Jurisdictional Issues

This Site is controlled and operated by Naked Apartments by its (and, as applicable, its suppliers' and licensors') offices in the United States. Naked Apartments makes no representation that materials or content on or available through the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site and its services from jurisdictions where the contents of the Site and its services are illegal or penalized is prohibited.

19. Feedback

If you provide to us in any way any suggestions or comments regarding the Site, you agree that we (and our providers, suppliers and licensors) may use, share, commercialize and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.

20. Miscellaneous

If any portion of these Terms of Service is unenforceable, such portion is severable and will not affect the enforceability of the remainder of these Terms of Service. Failure to exercise or enforce any right or term of these Terms of Service is not a waiver. No waiver of any right under these Terms of Service is effective unless and to the extent in writing signed by an authorized representative.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in any proceedings, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or your access to and use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Service are personal to you and you may not assign these Terms of Service, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms of Service (including all other incorporated terms) that is intended by its terms to survive termination will survive.

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