myCityApartment.com's Terms of Use, Disclosures and Privacy Policy

myCityApartment.com Terms, Disclosures and Privacy

1. Terms of Use Between User and myCityApartment.com Generally. This is a legal agreement ("Agreement") between myCityApartment.com and you, a Renter using the myCityApartment.com service, (“User”). By accessing this Web site, you agree to be bound by this Agreement, and by all applicable laws. This Web site is for your personal and noncommercial use only. myCityApartment.com is a technology platform owned and operated by Eleven Park Realty. The rental advertisements and related services posted on myCityApartment.com are procured and provided by Eleven Park Realty. 

2.myCityApartment.com's Services to You. myCityApartment.com provides a medium through which Lessors may place information about their properties before Renters, so that Lessors may advertise to Renters and Renters may communicate with Lessors through a myCityApartment licensed agent.  In some cases, information about properties has been procurred through a local Multiple Listing Service or a listing sheet sent from local management companies. As part of these services, myCityApartment.com will from time to time send you emails which you agree to receive. You are able to unsubscribe from these emails at any time. See our Privacy Policy for further information. myCityApartment provides you with these services in addition to real estate brokerage services in which all renters agency laws apply. myCityApartment.com hereby disclaims any liability based on, but not limited to, the following:

• This Web site may contain typographical errors or inaccuracies.

3. Liability Disclaimer and Affirmative Release. myCityApartment.com hereby disclaims any liability arising out of or relating to those services and activities which myCityApatment.com has expressly not undertaken to provide to you (as described more fully in the bullet-points in Section 2, above). myCityApartment.com does not own any of the content submitted by its Users nor does it own any of the contect uploaded from a Multiple Listing Service or management company datasheet. myCityApartment.com DOES NOT SCREEN POSTINGS AND HAS NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION, TEXT, PHOTOGRAPHS, GRAPHICS, MESSAGES OR OTHER MATERIALS GIVEN BY A USER OR POSTED ON THIS SITE OR OTHERWISE MADE AVAILABLE THROUGH THE myCityApartment.com SERVICE.  

With respect to content on publicly accessible areas of the website, the User grants myCityApartment.com the following world-wide, royalty free and non-exclusive license(s), as applicable:  With respect to content a User submits or makes available to myCityApartment.com, such User grants myCityApartment.com the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content and the irrevocable right to sublicense the content with the sublicense having the right 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.  

The User agrees to indemnify and hold myCityApartment.com, and its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available to myCityApartment.com.  myCityApartment.com makes no representations as to individual character, credit worthiness, rental history or ability of Renters to pay their rent.  You hereby agree that in no event shall myCityApartment.com or its affiliates and/or suppliers be liable for any direct, indirect, incidental, special, consequential or other damages or losses arising out of or in any way related to the use of this web site or with the delay or inability to use this site, or for any information, products, and services obtained through this site, or otherwise arising out of or related to the use of this web site.  This Agreement has legal significance. Users with questions regarding such significance are encouraged to seek the advice of an attorney.

4. User's Representations and Warranties. By using this Web site, you hereby represent and warrant the following.

• You are of the legal age in your state of residence to make contracts and you therefore possess the authority to enter into this Agreement.
• All information supplied or to be supplied by you relating to this Web site is and will be accurate and complete.  You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• You understand that failure to abide by this Agreement may result in denial of access to this Web site.

5. Your Information. "Your Information" is defined as any information you provide to us or other users in the course of using this Web site, including, but not limited to, any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. myCityApartment.com will only use Your Information in accordance with our Privacy Policy.  myCityApartment.com preserves Your Information in its sole discretion and may disclose such information to third parties to comply with legal process or protect the rights, property, or personal safety of myCityApartment.com, its users and the public. 

6. Fees and Services. Creating a listing, searching for and communicating with properties are free services. When you find a home through myCityApartment.com, the 1 month Broker's Fee is paid by you (the "Renter") or the Lessor depending on the mutually accepted terms laid out for each listing.  Due to the inaccuracies of listings from Multiple Listing Services, we cannot gaurantee that Brokerage Fee information is correct on each listing and we understand that it is our duty to legally disclose who is paying this fee before renting.

7. Compliance with Federal and State Civil Rights Acts. myCityApartment.com complies with state and federal civil rights laws, including the Fair Housing Act and the Americans with Disabilities Act. By using this Web site you agree to comply with such acts and thus agree to avoid stating any preference based on race, color, national origin, religion, handicap or any other category. 

8. Right to Refuse Service. myCityApartment.com reserves the right to refuse service to anyone and terminate your account at any time.

9. Violations. Please report any violation of this User Agreement to myCityApartment.com.

10. Privacy Policy. Disclosure. We may share some or all of your personal information with:

• Members of our corporate family to provide joint services and help detect and prevent potentially illegal acts. (Our corporate affiliates will market only to users who request their services.)

• Law enforcement offices, third-party rights owners or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms of Use or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

• Other third parties to whom you explicitly ask us to send your information, or about whom you are explicitly notified and consent to when using a specific service. (The information we disclose in this way may be subject to those third parties? privacy policies.)
• Service providers under contract who help with our business operations (such as fraud investigations, bill collection, invoicing, affiliate and rewards programs and co-branded credit cards).
• Another business entity should we (or our assets) plan to merge with, or be acquired by that business entity. Should such a transaction occur, that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Terms of the myCityApartment Reward:

Rewards are stated on each listing and cannot be negotiated. Rewards are paid by American Express, Visa Gift Cards, and in some cases Checks in the amount of your reward. Expect rewards 4-6 weeks after moving into your new apartment, if your reward has not arrived after 6 weeks, please contact us.  Please note that we will contact you to send you your reward via mail or drop off. If for any reason you do not respond to our contact within 30 days of first contact, you will forfeit your reward. We are a real estate agency and expect our clients to continue a relationship with us beyond their first transaction. If you fail to return our attempt to contact you within 30 days then you have lost your chance to earn the reward unless there are special circumstances that we agree to. 

Note: we do not charge a brokers fee. If there is a brokerage fee required to be paid by you, it is because the landlord has not offered to pay it and since we represent you, rather than the landlord, we will simply split the fee with the listing broker as a referral payment for bringing them a renter (if you went direct they'd take the whole thing). We can help you negotiate this! Like you, we wish all landlords would pay the brokerage fee.

Personal Info:

We may also disclose personal information if permitted to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders or other legal process.

You have the choice to opt out of all email communications.

We may amend this Privacy Policy at any time by posting the amended terms on the website. All amended terms automatically take effect upon acceptance for new users, or 5 days after they are posted on the website for all other users.  

Questions regarding this policy should be directed to the following address: Attn: Jay Alberino
myCityApartment.com
404 Commercial St Suite 3
Boston, MA 02109