Terms of Use

Terms of Use for MyNewPlace.com Effective Date: November 30, 2009 (updated April 8, 2013)

MyNewPlace® allows You, the “User”, to locate rental properties quickly and conveniently. We offer a simple and easy to use interface with powerful tools to give You the best possible search experience for rental or lease properties. In New Jersey, properties displayed on MyNewPlace appear courtesy of MTS New Jersey, Inc.

We offer various services to Users based on Your agreement to the following terms without any modification. By registering with MyNewPlace and/or use of MyNewPlace’s web site, You agree to be bound by the following terms of use. These Terms of Use are subject to change at any time, without prior notice.

While MyNewPlace is operated in compliance with all state and federal housing laws, we are not responsible for the actions of any of the property owners featured on this site. Please see our Equal Housing Opportunity Policy.

In addition, MyNewPlace respects Your privacy. Please see our Privacy Policy.

User Content

Unless otherwise agreed in writing signed by MyNewPlace, by submitting content,  suggesting or adding photos, video, data or other materials directly through the web site (collectively, “Materials”), You hereby grant to MyNewPlace a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, copy, modify, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to You. You further grant to MyNewPlace a royalty-free right and license to use Your name, image and/or likeness in advertising and in connection with the licensed rights for the Materials. You also agree to indemnify, defend and hold harmless MyNewPlace from and against any claims or costs, including attorneys’ fees, arising from the use or distribution of those Materials. You further grant MyNewPlace the right to use Your name in connection with the reproduction or distribution of any such Material. While MyNewPlace is not under any obligation to monitor content provided by Users, MyNewPlace may, in its sole determination, remove any content that it deems objectionable or offensive or unlawful.

Interactive Areas

The MyNewPlace web site may offer forums, blogs, comment areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. MyNewPlace does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use Your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Do Not violate Fair Housing laws or regulations. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the MyNewPlace web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information You disclose when posting a message in these Forums may become public. You should not include any information in Your posting that You do not want other parties to see or use and You hereby agree that you will not hold MyNewPlace responsible for any third party’s use of information contained in such posting.

MyNewPlace Rights

Given the nature of the MyNewPlace web site and the volume of Materials submitted, MyNewPlace cannot and does not monitor all of the Materials posted or transmitted by You and other third-party information providers via the web site, including, without limitation, any Materials posted via the Forums. You expressly agree that MyNewPlace: (a) will not be liable for the Materials and (b) reserves the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to You.

Representations and Warranties

You hereby represent and warrant that: (a) You have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and Your use of the MyNewPlace web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and Your use of the MyNewPlace web site shall not violate any applicable law or regulation or cause injury to any person, including but not limited to Fair Housing laws; (e) Your use of the MyNewPlace web site shall not violate any agreements between You and a third party and (f) You are of legal age to form a binding contract and are not a person barred from receiving any MyNewPlace services or products under the laws of the United States or other applicable jurisdiction.

Indemnification

You agree to indemnify and hold MyNewPlace, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials You provide, (b) Your use of the MyNewPlace web site or Your reliance on the content or Your use of MyNewPlace’s services, (c) Your breach of these Terms, and (d) any actual, prospective, completed or terminated purchase, sale, lease or other transaction between you and a third party.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the MyNewPlace web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without MyNewPlace’s prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the MyNewPlace web site or for any other unauthorized purpose without MyNewPlace’s prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the MyNewPlace web site; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the MyNewPlace web site or MyNewPlace’s hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, You covenant and represent that You will not use the MyNewPlace web site for any purpose other than those that are noncommercial and personal, nor will You use this web site in violation of the law or these Terms of Use.

Use of third party services

As a part of our service, MyNewPlace offers links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. MyNewPlace does not operate or control in any way any information, software, products or services available on such web sites. MyNewPlace’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Facebook Connect and Social Media Log-In Integration

You may elect to log in to your account using third-party social media Web services such as Facebook, LinkedIn, and Twitter. By choosing this method of account access, you give MyNewPlace permission to access and use your information as provided and permitted by that third-party service, and to store your log-in credentials for such service. You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. MyNewPlace encourages you to use a “strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. MyNewPlace will not be responsible for any loss or damages resulting from your use of third-party social media log-in functionality or failure to comply with the obligations set forth herein.

Service Changes

MyNewPlace reserves the right with or without notice to You at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. MyNewPlace shall have no liability to any User or any third party should MyNewPlace modify or discontinue service.

Obligations of Individuals Registered with MyNewPlace

By completing your registration with www.mynewplace.com as a potential Renter, You further agree that:

  1. You are of legal age and is otherwise capable of forming a legally binding contract;
  2. You are interested in renting or leasing residential property in the USA;
  3. You do not have an exclusive contractual or other arrangement with any Real Estate licensee to represent You;
  4. You agree to be contacted via Email and other means by MyNewPlace, and third parties, if relevant, regarding MyNewPlace services;
  5. You acknowledge that MyNewPlace recommends the independent use of all appropriate government, public, consumer and other agencies or sources to verify any property before entering into a lease or rental agreement as MyNewPlace makes no such representations and or warranties about any property.

TERMINATION

MyNewPlace reserves the right in its sole discretion, and without any prior notice, to terminate Your access to this web site for any reason, including a Your breach of these Terms of Use, the terms and conditions of any service for which You may have registered, or a violation of the rights or another User or the law. You may unsubscribe from any further communication from MyNewPlace at any time by delivering a written notice addressed to consumercare@mynewplace.com. You shall be responsible for ensuring delivery of the notice to MyNewPlace. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the MyNewPlace emails.

Copyright

All contents of the MyNewPlace web site are Copyright 2009 Multifamily Technology Solutions, Inc., d.b.a. MyNewPlace. All Rights Reserved. MyNewPlace is a registered trade mark of Multifamily Technology Solutions, Inc. Other product and company names may be trade or service marks of their respective owners.

It is the policy of MyNewPlace to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (”DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for these sites:

RealPage Inc.
360 Third Street, Suite 450
San Francisco, CA 94117
USA
Phone: 800.689.5388
Fax: 415.538.0806
Email: consumercare@mynewplace.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISCLAIMERS AND LIMITATIONS

MyNewPlace intends that the information contained on our web site be accurate and reliable; however, errors sometimes occur. In addition, MyNewPlace may make changes and improvements to the information provided herein at any time. Accordingly, MyNewPlace does not guarantee the accuracy of any information available on this web site, and is not responsible for any errors, omissions, or misrepresentations. Any information including availability, features, floor plans and rent ranges are subject to change without prior notice and should be verified independently with the Property. All rentals are subject to prior lease. Any information or opinion provided by any author or other third party does not constitute the opinion of MyNewPlace.

THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” MYNEWPLACE AND/OR ITS SUPPLIERS AND PARTICIPATING PROPERTIES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF MYNEWPLACE SERVICES IS AT YOUR OWN RISK. MYNEWPLACE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ITS SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYNEWPLACE HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ERRORS AND DELAYS

MyNewPlace is not responsible for any errors or delays caused by an inaccurate or incorrect e-mail address provided by User or other technical problems beyond our reasonable control.

OTHER TERMS

You agree that: (i) the MyNewPlace web site shall be deemed solely based in California; and (ii) the MyNewPlace web site shall be deemed a passive website that does not give rise to personal jurisdiction over MyNewPlace, either specific or general, in jurisdictions other than California. These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and MyNewPlace that arises in whole or in part from the MyNewPlace web site shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms of Use, together with the Privacy Policy at www.mynewplace.com/privacy and any other legal notices published by MyNewPlace on the web site, shall constitute the entire agreement between You and MyNewPlace concerning the MyNewPlace web site. If any part of these Terms of Use are 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. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MyNewPlace’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  MyNewPlace reserves the right to amend these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes. Your use of the MyNewPlace web site following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. YOU AND MYNEWPLACE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MYNEWPLACE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEB SITE IMMEDIATELY.

Marketing Services Agreement Additional Terms (RentEngine): February 28, 2012

Client is responsible for all activity occurring while using the RentEngine product and is responsible for compliance with all terms of use (”TOU”) promulgated by any internet classified service (including, but not limited to, craigslist®, LiveDeal®, eBay® and other internet classified services) (”ICS”), which the ICS may change from time to time without notice to Client or MNP.  Client is responsible for Client’s conduct and activities on, through or related to an ICS.  As a condition precedent to using the RentEngine® product, Client agrees not to:

  • upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, malicious, threatening, abusive, harassing, defamatory, hateful, obscene, pornographic, offensive, false, fraudulent, invasive of another’s privacy or promotes bigotry, racism, hatred or harm against any individual or group;
  • post content outside of the single specific geographic area offered on an ICS for which that content is most relevant or post content outside of the single category or sub-category to which it is most relevant;
  • use multiple email addresses, IP addresses, accounts, URL shortening, obfuscation or redirection or content obfuscation in connection with an ICS;
  • allow any third-party or automated means to post content to an ICS or create or use an ICS account on behalf of Client;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through an ICS;

Client shall defend, indemnify and hold MNP, its affiliates and its vendors, and their directors, officers and employees (each an “Indemnified Party”), harmless from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by an Indemnified Party arising from Client’s (or user using the Client’s username or password) (i) access to or use of the RentEngine product; (ii) failure to comply with any of the TOU promulgated by an ICS; or (iii) failure to comply with applicable state or federal laws in use of the RentEngine product.