1. Welcome to ApartmentsNL.com
ApartmentsNL.com 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 ApartmentsNL.com
services, you and ApartmentsNL.com 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.
2. Description of Service
ApartmentsNL.com currently provides users with accommodation resources (the "Service").
You understand and agree that the Service may include advertisements and that these
advertisements are necessary for ApartmentsNL.com to provide the Service.
Unless explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new ApartmentsNL.com properties, shall
be subject to the TOS. You understand and agree that the Service is provided "AS-IS"
and that ApartmentsNL.com 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, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible for
all equipment necessary to access the Service. Please be aware that the
ApartmentsNL.com web site may contain adult or mature content from time
to time. You must be at least 18 years of age to use the services provided by ApartmentsNL.com.
3. Fees and Costs
Advertising is done on a per listing basis and charged as such in Canadian Dollars.
We at ApartmentsNL.com work hard at creating a positive and rewarding online apartment listing service. On our site, you will find plenty of information that describes our listing service. We provide a all current listings for you to view so that you can see what a typical online listing looks like and we also provide a detailed description of the sign-up process in our "FAQ" page.
We provide this extensive information to educate you about our service before making a decision to subscribe to our listing service. Therefore, we expect you to purchase this service only if you intend to use it and only if you are authorized to make the decision to use it.
As a user of this service you understand that all sales are final and that there are no refunds for the online listing subscription service, regardless of when you rent properties that you list on this service.
4. Your Membership Obligations
In consideration of your use of the Service, you: (a) certify that you are at least
18 years of age, (b) agree to provide true, accurate, current and complete
information about yourself as prompted by the Service's membership forms (such information
being the "Membership Data") and (c) maintain and promptly update the Membership Data
to keep it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or ApartmentsNL.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, ApartmentsNL.com 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).
5. Member Account, Password and Security
You will receive a password and account designation upon completing the Service's
membership 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 ApartmentsNL.com 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.
ApartmentsNL.com cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section.
6. Member Conduct
You understand that all information, data, text, pictures, graphs, graphics, messages
or other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated. This
means that you, and not ApartmentsNL.com, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service.
ApartmentsNL.com does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
that by using the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will ApartmentsNL.com be liable in any way
for any Content, including, but not limited to, for any errors or omissions in any
Content, or for 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 further agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
ApartmentsNL.com official, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
e. 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
f. 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;
g. 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, except in those areas (such as
shopping rooms) that are designated for such purpose;
h. 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j. 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;
k. intentionally or unintentionally violate any applicable local, provincial,
national or international law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that ApartmentsNL.com does not pre-screen Content, but that
ApartmentsNL.com and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, ApartmentsNL.com and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
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 ApartmentsNL.com or submitted to ApartmentsNL.com,
including without limitation information in ApartmentsNL.com.
You acknowledge and agree that ApartmentsNL.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that such
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
(d) protect the rights, property, or personal safety of
ApartmentsNL.com, 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
You agree to indemnify and hold ApartmentsNL.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, 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 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.
8. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access to
9. General Practices Regarding Use and Storage
You acknowledge that ApartmentsNL.com 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 ApartmentsNL.com'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 ApartmentsNL.com 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
ApartmentsNL.com reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that ApartmentsNL.com reserves
the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
10. 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 Canada or the country in which you reside.
11. Content Submitted or Made Available for Inclusion on the Service
ApartmentsNL.com 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
ApartmentsNL.com the following world-wide, 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 ApartmentsNL.com, 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 ApartmentsNL.com.
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 ApartmentsNL.com
removes such Content from the Service.
With respect to Picturess, graphics, audio or video you submit or make available for
inclusion on publicly accessible area of the Service, 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
ApartmentsNL.com removes such Content from the Service.
With respect to Content other than Pictures, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service,
the perpetual, irrevocable and fully sublicensable 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.
"Publicly accessible" areas of the Service are those areas of the ApartmentsNL.com
network that are intended by ApartmentsNL.com to be available to the general public.
However, publicly accessible areas of the Service would not include portions of
ApartmentsNL.com that are intended for private communication such as
12. Modifications to Service
ApartmentsNL.com 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 ApartmentsNL.com shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
You agree that ApartmentsNL.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if ApartmentsNL.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
ApartmentsNL.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that ApartmentsNL.com
may immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the Service.
Further, you agree that ApartmentsNL.com shall not be liable to you or any
third-party for any termination of your access to the Service.
14. Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that ApartmentsNL.com shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because ApartmentsNL.com has no control over such sites and
resources, you acknowledge and agree that ApartmentsNL.com 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
ApartmentsNL.com 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. 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 advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by ApartmentsNL.com 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.
ApartmentsNL.com 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 of, 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 not to modify the
Software in any manner or form, or 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 ApartmentsNL.com for use in accessing
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. ApartmentsNL.com EXPRESSLY DISCLAIMS 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
b. ApartmentsNL.com MAKES 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.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ApartmentsNL.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ApartmentsNL.com SHALL NOT BE LIABLE
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 ApartmentsNL.com 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
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
20. Trademark Information
ApartmentsNL.com, the ApartmentsNL.com logo, trademarks and service marks,
and other ApartmentsNL.com logos and product and service names are trademarks
of ApartmentsNL.com (the "ApartmentsNL.com Marks"). Without
ApartmentsNL.com's prior permission, you agree not to display or use in any
manner, the ApartmentsNL.com Marks.
21. General Information
The TOS constitute the entire agreement between you and ApartmentsNL.com and
govern your use of the Service, superceding any prior agreements between you and
ApartmentsNL.com. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and ApartmentsNL.com shall be
governed by the laws of the province of Newfoundland without regard to its conflict of
You and ApartmentsNL.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the city of St. John's, Newfoundland.
The failure of ApartmentsNL.com 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.
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
The section titles in the TOS are for convenience only and have no legal or
Please report any violations of the TOS to
our Customer Service.