Updated as of February 23, 2009

Terms of Use

1. INTRODUCTION OF THE SERVICE

BunkBuddy.net (hereafter as the “Site”) a company of The Bunk Buddy Company L.L.C., provides a collection of resources to apartment renters, seekers, roommates, and room renters, (referred to hereafter as "the Service") are subject to the following Terms of Use ("TOU"). When using the Service in any way, you are agreeing to comply with the TOU.

In addition, when using particular BunkBuddy.net's services, you agree to abide by any applicable posted guidelines for all BunkBuddy.net's services, which may change from time to time. You agree that: (1) If you choose to register, you must submit a valid e-mail, user name, password, and your first and last name during the registration process; (2) You are responsible for maintaining the confidentiality of your member name, password, and for all uses of your account whether or not you've authorized such use; (3) You agree to notify BunkBuddy.net immediately of any unauthorized use of your account. In addition, you understand and agree that the content posted on the site by all users, including by you, will be collected, aggregated, and anonymously integrated into BunkBuddy.net, and that BunkBuddy.net will use data collected from users for statistical and analytical reporting purposes.

Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with BunkBuddy.net in any way, immediately discontinue use of BunkBuddy.net. BunkBuddy.net has the right, but is not obligated, to strictly enforce the TOU through active investigation, litigation, and prosecution. Each time you use the site, the current version of these TOU will apply. Accordingly, when you use the site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.

2. SITE CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, and/or other materials ("Content") posted on, transmitted through, or linked from the service, are the sole responsibility of the person from whom such content originated. You understand that BunkBuddy.net does not control, and is not responsible for content made available through the service. The site and content available through the Service may contain links to other websites, which are completely independent of BunkBuddy.net. BunkBuddy.net makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your use of any linked website is at your own risk. Under no circumstances will BunkBuddy.net be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, or otherwise made available via the Service. You acknowledge that BunkBuddy.net pre-screens & approves content based on relevance to BunkBuddy.net’s services, and that BunkBuddy.net shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service for violating the letter or spirit of the TOU or for any other reason. You understand and agree that BunkBuddy.net may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members. You acknowledge that BunkBuddy.net may preserve your 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 reasonable necessary to: (a) comply with a legal process, (b) enforce the Terms of Use, or (c) respond to any claims that the content violates the rights of third parties.

3. THIRD PARTY SITES, CONTENT, SERVICES, AND TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS

The BunkBuddy.net site and content available through the service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BunkBuddy.net, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that BunkBuddy.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BunkBuddy.net is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BunkBuddy.net, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

4. LICENSE AND SITE ACCESS

BunkBuddy.net grants you a limited license to access and make personal use of the site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us.

5. USER CONDUCT

You agree to act responsibly and to treat other users and members with respect. You agree not to post, email, or otherwise make available content:

A. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

B. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

C. that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

D. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

E. that impersonates any person or entity, including but not limited to, a BunkBuddy.net employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

F. that includes personal or identifying information about another person without that person's explicit consent;

G. that is false, deceptive, misleading, deceitful, misinforms, in bad faith, or constitutes "bait and switch";

H. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

I. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

J. that constitutes or contains any form of advertising or solicitation if: posted in areas of the BunkBuddy.net sites which are not designated for such purposes; or emailed to BunkBuddy.net users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

K. that includes links to commercial services or web sites, except as allowed in "Moving Resources and or Local Attractions";

L. 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;

M. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

N. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.

Additionally, you agree not to:

O. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

P. "Stalk" or otherwise harass anyone;

Q. collect personal data about other users for commercial or unlawful purposes;

R. use automated means including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by BunkBuddy.net;

S. attempt to gain unauthorized access to BunkBuddy.net’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BunkBuddy.net’s website;

6. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to BunkBuddy.net’s email addresses or through BunkBuddy.net’s computer systems is expressly prohibited by these Terms. Any unauthorized use of BunkBuddy’s computer systems is a violation of these Terms and certain federal and state laws.

7. PAID CONTENT

We may charge a fee to post content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.

8. TERMINATION

BunkBuddy.net reserves the right to refuse membership to anyone. BunkBuddy.net may terminate your membership and any and all information, communications or postings at any time without notice for conduct that violates this agreement. BunkBuddy.net may modify or discontinue the site and/or the service at any time without notice to you and without liability to you or any third party. You agree that BunkBuddy.net, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if BunkBuddy.net believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that BunkBuddy.net shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

9. PROPRIETARY RIGHTS

The service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BunkBuddy.net. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of BunkBuddy.net, and agree to abide by any and all copyright notices displayed on the service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the service. BunkBuddy.net and The Bunk Buddy Company is a registered mark in the U.S. Patent and Trademark Office.

Although BunkBuddy.net does not claim ownership of content that its users post, by posting content to any public area of the service, you automatically grant, and you represent and warrant that you have the right to grant, to BunkBuddy.net an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the service, you automatically grant BunkBuddy.net all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the service by any party for any purpose.

10. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE BUNKBUDDY.NET AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BUNKBUDDY.NET SITE AND THE SERVICE AVAILABLE, IS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BUNKBUDDY.NET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BUNKBUDDY.NET SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BUNKBUDDY.NET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BUNKBUDDY.NET SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BUNKBUDDY.NET SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BUNKBUDDY.NET DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BUNKBUDDY.NET SITE OR THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BUNKBUDDY.NET BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BUNKBUDDY.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BUNKBUDDY.NET SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BUNKBUDDY.NET SITE OR THE SERVICE, FROM INABILITY TO USE THE BUNKBUDDY.NET SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BUNKBUDDY.NET SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BUNKBUDDY.NET SITE OR THE SERVICE OR ANY LINKS ON THE BUNKBUDDY.NET SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BUNKBUDDY.NET SITE OR THE SERVICE OR ANY LINKS ON THE BUNKBUDDY.NET SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

12. INDEMNITY

You agree to indemnify and hold BunkBuddy.net, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

13. GENERAL INFORMATION

The TOU constitute the entire agreement between you and BunkBuddy.net and govern your use of the Service, superceding any prior agreements between you and BunkBuddy.net. The TOU and the relationship between you and BunkBuddy.net shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and BunkBuddy.net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Baltimore, Maryland. The failure of BunkBuddy.net to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by emailing the posting to:

abuse@bunkbuddy.net

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for BunkBuddy.net to pursue legal action to enforce these terms, you will be liable to pay BunkBuddy.net the amount of ($5,000) as liquidated damages, which you accept as reasonable estimates of BunkBuddy.net damages for the specified breaches of these terms.

Otherwise, you agree to pay BunkBuddy.net actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these terms, BunkBuddy.net retains the right to seek the remedy of specific performance of any term contained in these terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

15. FEEDBACK

We welcome your questions and comments on this document via email at:

suggestions@bunkbuddy.net

16. GENERAL TERMS

By visiting this site, you agree that this agreement is governed in all respects by the laws of the State of Baltimore, Maryland, U.S.A without reference to its conflicts of laws principles, and any dispute arising hereunder shall be submitted to state and federal courts in Baltimore County, Maryland and you consent to the exclusive jurisdiction of such courts. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BunkBuddy.net’s failure to act with respect to a breach by you does not waive BunkBuddy.net’s right to act with respect to subsequent or similar breaches.

You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall inure to the benefit of and be binding upon each party's successors and assigns. BunkBuddy.net shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond BunkBuddy.net’s reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during registration.

17. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

This agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time.