1. Agreement Between You and UDigs.com. Thank you for using our services available at www.UDigs.com (the "Website") or in downloadable mobile applications. The following terms and conditions (the "Terms of Use") apply to your use of UDigs.com. By using UDigs.com, you explicitly accept these Terms of Use. We strongly recommend that, as you read these Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. Underlined words and phrases are links to these pages and websites. In some cases, we and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement and incorporating these Terms of Use by reference. The term "Agreement" shall mean the agreement formed between you and us pursuant to these Terms of Use, the Privacy Policy and any other terms and conditions posted on UDigs.com, and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.
2. Website Information and Remedies. UDigs.com is a technology platform owned and operated by Content Driven Solutions, LLC. The rental advertisements and related services posted on UDigs.com are procured and provided by Content Driven Solutions, LLC. In the case of any violation of our Agreement, Content Driven Solutions, LLC reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of UDigs.com. For purposes of our Agreement, the term "Website" may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which UDigs.com currently participates or may participate in the future with regard to advertising services.
3. Content Requirements. To assure the value of UDigs.com services, you agree that all of the information you have provided to UDigs.com, whether online or otherwise, is accurate and complete. Lessors shall be responsible for preparing and submitting the Rental listings, and shall be solely liable for assuring that such information is accurate, and comply with all applicable laws and our policies.
4. Your License to Us. When you give us or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, distribute, reproduce, modify, adapt, publicly display and exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
5. Our License to You. UDigs.com hereby authorizes you to view, copy, download and print the information and data ("Materials") available on UDigs.com, provided that: (1) if you are a Renter, the Materials are used solely for personal, noncommercial purposes and if you are a Lessor, the Materials are used only for the purposes of using the services expressly offered by UDigs.com. Without limiting the generality of the foregoing, as a Renter, you are only permitted to use UDigs.com to search for residential rentals, communicate with Lessors, and consider other move-related services; and as a Lessor, you are only permitted to use UDigs.com to advertise your Properties and communicate with Renters; (2) the Materials are not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of UDigs.com.
6. No Unauthorized Duplication. Except as otherwise stated herein, none of the content on the Website or our mobile application may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of UDigs.com.
7. Trademarks. The term "UDigs.com" and any other trademarks, trade names, logos and service marks, including, but not limited to, UDigs, Content Driven Solutions, BadgerApartments, BoilerApartments, DawgDigs, HoosierApartments, SpartanSpaces and UMichApartments (collectively, the "Marks") displayed on UDigs.com are the property of Content Driven Solutions, LLC or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of Content Driven Solutions, LLC or such other owner.

8. No Unlawful or Prohibited Use. As a condition of your use of UDigs.com, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use UDigs.com in any way prohibited by these terms, conditions and notices. In addition, you will not:

   • post listing on, or purchase services from, UDigs.com if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from UDigs.com;
   • use UDigs.com to advertise the Property owned by another person unless you are the duly authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws;
   • distribute or post spam, chain letters, or pyramid schemes;
   • distribute viruses or any other technologies that may harm UDigs.com or the interests or property of UDigs.com users;
   • copy, modify, republish or distribute content from the Website or our mobile application or UDigs.com's copyrights and trademarks;
   • impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
   • provide inaccurate contact information or other information relative to your move or property;
   • harvest or otherwise collect information about users, including email addresses, without their consent;
   • transmit to UDigs.com or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortuous, invasive of another's privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
9. Reporting Intellectual Property Infringement. UDigs.com respects the intellectual property of others. If you believe that your rights have been infringed by content appearing on our Website, please email us at info@nullUDigs.com to notify our designated agent. Please include the words "Notice of Infringement" in the subject line of the email. We reserve the right to remove content for any reason.
10. Links to Third-Party Websites. UDigs.com may contain links to websites operated by parties other than UDigs.com. Such hyperlinks are provided for reference only. UDigs.com does not control such websites and is not responsible for their contents. UDigs.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
11. General Disclaimer. Although UDigs.com has attempted to provide accurate information on the Website and our mobile applications, UDigs.com assumes no responsibility for the accuracy of the information. All information provided on UDigs.com is provided "as is" with all faults without warranty of any kind, either express or implied. UDigs.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
12. Limitation on Liability. Neither UDigs.com, its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any UDigs.com advertisement, or damages from the use of or reliance on the information present on UDigs.com, even if UDigs.com has been advised of the possibility of such damages.
13. Modification of the Website. UDigs.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website or mobile applications. UDigs.com may discontinue or revise any or all aspects of the Website or mobile applications in its sole discretion and without prior notice. Without limiting the foregoing, UDigs.com reserves the right to change the terms, conditions, and notices under which this Website or mobile applications are offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new users, or 30 days after they are posted on UDigs.com for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
14. Privacy. We view the protection of users' privacy as a very important principle and will only use your information as described in the Privacy Policy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent, and we use your information only as described in the Privacy Policy.
15. Release. Because UDigs.com is an advertising venue, in the event that you have a dispute with one or more users, you release UDigs.com, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    Nature of UDigs.com Services. UDigs.com operates a platform for Lessors desiring to advertise residential rental properties with available units, and the advertisements on UDigs.com are based on information provided by the Lessors. Accordingly, UDigs.com is not responsible in any way for the content in any such advertisements, nor is UDigs.com responsible for any actual lease transaction between a potential Renter and a Lessor. Though UDigs.com offers tips and advice on renting and living in rentals, we do not render legal, brokerage, or other professional advice or services to either its Renter or Lessor customers.

    Services Not Provided. Without limiting the generality of the foregoing, you acknowledge and agree as follows:

    1. UDigs.com does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on UDigs.com an obligation to perform any services other than those expressly undertaken by UDigs.com;
    2. UDigs.com does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, UDigs.com strongly advises you to secure the same;
    3. UDigs.com is not undertaking any, and has no, duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;
    4. UDigs.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
    5. UDigs.com does not guarantee the accuracy of any information available on UDigs.com, and is not responsible for any errors, omissions, or misrepresentations, whether made by Lessors, Renters or otherwise and all information obtained on this Website must be verified independently;
    6. UDigs.com may make changes to its products and/or services and this Website or mobile applications at any time and without notifying you or receiving your consent; and
    7. While UDigs.com complies with applicable state and federal laws, including federal civil rights laws, UDigs.com cannot guarantee that its users so comply. Accordingly, UDigs.com assumes no liability for Renters' and/or Lessors' failures to comply with such laws.
16. Indemnity. You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
17. Default and Remedies. Without limiting any other provision in this Agreement, in the event you default under this Agreement, including without limitation, by failing to pay us the specified advertising fees when due (if you are a Lessor), we will have the right to exercise any or all of the following remedies: (1) we can suspend any or all of your advertisements from UDigs.com ; (2) we can terminate this Agreement; (3) we can ban your future use of UDigs.com; (4) we can impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law; (5) we can impose an administrative service fee equal to five percent (5%) of all amounts past due; (6) we can reserve the right to condition your continued use of UDigs.com on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and (7) we can exercise any and all rights and remedies available to us at law and in equity.

18. Resolution of Disputes. If a dispute arises between you and UDigs.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and UDigs.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by calling 800.689.3951, Monday-Friday, 9 a.m. to 5 p.m, Pacific Time. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    • Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against UDigs.com must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for the purpose of litigating all such Claims or disputes.
    • Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    • Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, UDigs.com may recover attorneys' fees and costs up to $1,000, provided that UDigs.com has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
19. General. By using this Website and agreeing to the Terms of Use, you are also agreeing to abide by ourPrivacy Policy, and all other agreements and policies posted on UDigs.com. UDigs.com reserves the right to refuse service to anyone and to terminate a user’s account at any time. Our mailing address is PO Box 610194, San Jose CA 95161-0194. In our sole discretion, we may assign the Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. 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. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. UDigs.com may rely on your electronic signature to create a binding valid agreement. From time to time UDigs.com may send facsimiles or emails regarding its products and services, or shall call customers regarding UDigs.com's products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls. See Privacy Policy for more information.

Last updated: October 16, 2011