RENTAL HOUSING JOURNAL Terms of Service
UPDATED: October 9, 2019
We operate this Site to provide news and information to help of multifamily investors, independent rental homeowners, residential property management professionals and other rental housing & real estate professionals solve the everyday problems of managing rental properties. We provide the following products and services:
- Monthly regional print magazines
- Monthly digital magazines
- Annual directories
- Articles and blog posts
- Interactive online community
- Graphic design services (subject to a separate agreement for each project)
Please note, We do not provide any legal advice. Please consult Your attorney to verify Your compliance with Your industry requirements as well as local, state, and federal laws.
- User Conduct
Every User must abide by the following rules of conduct in regards to this Site:
- You must be at least 18 years old to make a purchase through Our Site.
- You must provide accurate information when communicating with Us.
- You may not use Our Site or services to abuse, harass, defame, or defraud anyone.
- You may not use Our Site or services to do anything unlawful, misleading, malicious, or discriminatory.
- You may not upload viruses or other malicious code through this Site. You may not do anything that is designed to disable, overburden, or interfere with the normal working of Our Site.
- You may not use Our Site or services to violate anyone’s intellectual property rights.
- You may not rent, lease, sell, sublicense, or redistribute Our content unless You have written permission from Us.
- You may not use, test, or otherwise utilize Our Site or anything on it in any manner for purposes of developing or implementing any method or application that is intended to interfere with the function of Our Site.
- You may not reverse engineer, decompile, disassemble, derive source code, create a derivative work of, or otherwise repurpose Our content, including any software; attempt to do so, or assist anyone in doing so except permitted by applicable law notwithstanding this limitation.
An RHJ subscription is for one year, and it does not automatically renew. If You wish to cancel Your subscription before it ends, please contact Us through this Site or by phone during business hours.
We use a service called MagHub to manage subscriptions. MagHub processes Your credit card payments through its website. By purchasing a subscription via credit card, You agree to abide by that payment processing service’s terms of service. We will never have access to Your credit card information. If You prefer, You may pay for Your subscription by mailing Us a check.
We may provide links to other websites on Our Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link that We did not create. User assumes all risk by following a link. The Company provides no guarantee that any website it links to will be accurate or available.
- Copyrights and Trademarks
The Company retains its intellectual property rights, including but not limited to, copyright rights in all its content published on and through Our Site.
“Rental Housing Journal” and its logo are trademarks owned by the Company and may not be used without Our explicit written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and/or criminal penalties and termination of their license(s).
- Digital Millennium Copyright Act (DMCA) Policy
We will comply with any properly submitted DMCA takedown and counter takedown notices We receive under the U.S. Copyright Act (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and used on or via Our website or services in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: Desert Path Consulting, LLC; Attn: DMCA/Copyright Agent; 4500 South Lakeshore Drive, Suite 300, Tempe, AZ 85282 or firstname.lastname@example.org.
By using Our Site or services, You agree to defend, indemnify, and hold harmless DPC, Our affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by You in connection with Our Site or services.
To the extent permitted under applicable laws, You hereby release DPC from any and all claims or liability related to any product or service provided through this Site.
- Modification to these Terms of Service
We reserve the right to change this TOS at any time as We deem necessary or desirable. These changes will most likely be enacted to comply in changes to Our services and/or changes in the law. We will notify Users of changes by posting notice of the change on Our Site. Any changes to this TOS will be effective upon the changes being made to this document. Your continued use of Our Site shall be Your acceptance of any changes to this Agreement. All additional terms are hereby incorporated into this TOS by this reference.
The date at the top of the TOS informs You of the date of the most recent change.
- Warranty Disclaimer
USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER DPC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS WEBSITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED THROUGH THIS SITE AND/OR OUR SERVICES. YOU AND DPC AGREE THAT OUR MAXIMUM FINANCIAL OBLIGATION TO YOU IS THE AMOUNT PAID TO US DURING THE 12 MONTHS FOR PRODUCTS AND SERVICES PRIOR TO THE DISPUTE OR ALLEGED INJURY.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE ALLEGEDLY CAUSED BY YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH OUR PRODUCTS AND SERVICES. YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, COMPLETENESS, AND USEFULNESS OF OUR CONTENT BASED ON YOUR SPECIFIC NEEDS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, TO EVALUATE AND PROVIDE INDIVIDUALIZED INFORMATION AND INSTRUCTION.
- Contact Information
DPC is an Arizona limited liability company with a principal place of business in Tempe. You can contact Us at 4500 South Lakeshore Drive, Suite 300, Tempe, AZ 85282, by phone at 480-454-2728, or via email at email@example.com.
- Dispute Resolution
By using this Site, You agree that any claim, dispute, or controversy You may have against Us arising out of, relating to, or connected in any way with this Agreement, Our Site, or Our services, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site and Our services. You agree that You shall only pursue a claim on behalf of Yourself only and shall not seek to file a class action lawsuit. You and DPC irrevocably consent to this jurisdiction and venue.
In all claims, disputes, and controversies related to this Agreement, Our Site, or Our services, the non-prevailing Party shall be responsible for the prevailing Party’s attorneys’ fees and costs in addition to any damages assessed against them.
Assignment: DPC can assign this Agreement to the new owner if the Company is ever sold in part or in whole.
Waiver: No waiver by either Party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
Force Majeure: We shall not be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond Our reasonable control and We are unable to overcome it through commercially reasonable diligence. If a force majeure event occurs, We will use commercially reasonable efforts to minimize the impact of the event.
Headings: The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.