ApartmentGurus | Classified Fees and Advertising Policy

Classified Fees Policy & Advertising Policy (“Agreement”)

Questions? Call 1-866-933-GURU (4878) or email classifieds@apartmentgurus.com.

The term "Agreement" shall mean the agreement formed between you and us pursuant to this Classified Fees Policy & Advertising Policy, Terms of Use, the Privacy Policy, the Equal Housing Opportunity Policy, and any other terms and conditions posted on this Website collectively, and any other written agreement between you and us, as the same of which all may be modified from time to time, and all of which are incorporated herein by reference. This is a legal agreement between you and Apartment Gurus, LLC and its parents, partners, subsidiaries, West End Realty Advisors, LLC and its partners, subsidiaries, parents, (collectively, "ApartmentGurus.com" or "we," "our" or "us") for the use of ApartmentGurus.com’s website (“Website”).

“Classified advertisement” shall mean any classified advertisement placed on the Website by you, including any advertisement for rental property, sublet, or roommate.

WE DO NOT SCREEN ALL CLASSIFIED ADVERTISEMENTS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION GIVEN TO US BY A USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM. PLEASE VISIT TERMS OF USE FOR OUR COMPLETE POLICY ON CLASSIFIEDS PLACED ON THE WEBSITE.

This policy is to be read in tandem with our Terms of Use. If any part of the following policy shall conflict with our Terms of Use, the Terms of Use shall control.

1. ApartmentGurus.com operates and maintains the Website to provide a platform venue through which property owners, property managers, and landlords ("Lessors") may place information and classified advertisements about their rental properties or roommate advertisements for potential tenants and roommates ("Users") to view. Lessors and Users may communicate through the information provided in the classified advertisements.

2. This fee is for registering as a Lessor to post a classified advertisement into our database and for communicating with ApartmentGurus.com Users. It shall not matter, for purposes of paying the fee, (i) whether the User enters into a lease or roommate transaction after receiving your contact information through the listing feature, (ii) whether the User accepts an offer of housing placed before it on the Website or (iii) whether the User accepts an offer of housing in another of your units presented to the User outside of the Website.

3. Classified fees are subject to change with prior 30 days notice from us to the email you provided in your account.

4. Visitors may browse the classified for free. There are no charges to visitors to browse the properties in our databases.

5. Renewal. Classified fees are subject to renew automatically with the payment information you provided unless you sign in to your account and deactivate the classified advertisement.

6. Payment. Classified fees are required to be paid by credit card, echeck, or check (if written invoicing is approved for your account). You hereby authorize immediate payment of such fee effective when you post the classified advertisement. We may store your credit card information on our website, unless not authorized by you, to renew ads and ApartmentGurus.com will only bill you for the requested use. We will automatically renew your classified advertisement unless you specifically deactivate the classified advertisement. All sales are final. ApartmentGurus.com will not issue any refunds even if the property in your classified advertisement becomes vacant prior to the ad expiring.

7. No Lead Fees. ApartmentGurus.com does not charge you fees for leads to your property by using toll free telephone numbers or email tracking devices.

8. Classified Fees. Although you may add several properties to your account if you are a property manager which manages several rental properties, each classified advertisement must be for one property address, roommate posting, or apartment community. You will be charged for each classified advertisement which advertises a separate property. Classified advertisements directing visitors to other properties or roommate requests, or advertising multiple available properties in one classified advertisement are strictly prohibited. Failure to comply will result in a warning or possibly deletion of your classified advertisement without notification or refund. Our fees for placing a classified advertisement on the Website are as follows:

Rental Units:

• 3-day ($9.99)

• 14-day ($19.99)

• 30-day ($29.99)

• Featured Property +$10.00

• Yard sign fees are a one-time fee of $9.99. The yard signs will be mailed to the address you provide to us within 2 weeks of activating your classified advertisement.

• You may advertise a special each day for $1.99.

Sublets:

• 3-day ($9.99)

• 14-day ($19.99)

• 30-day ($29.99)

Roommates:

• 3-day ($5.99)

• 14-day ($9.99)

• 30-day ($19.99)

9. Photographs & Images. There may be additional charges or fees to post additional photos or images than permitted on the Website’s default settings.

10. Lease Commissions. ApartmentGurus.com offers apartment locating real estate services to visitors of the Website in the markets in which it is licensed by the applicable real estate commissions or otherwise exempt from licensure. In addition to classified fees, ApartmentGurus.com may claim lease commissions from certain properties, property managers, and property owners in Texas and Atlanta for real estate services if one of our agents is the procuring cause of an executed lease at your property and names “ApartmentGurus.com” (or any derivative name of the Website, parents, partners, subsidiaries and affiliates) or one of its real estate agent’s names on the lease application or guest card at your property. These certain property managers will include those who work with “apartment locators”, “apartment real estate agents,” or “real estate brokers.”

11. Guru Listings. ApartmentGurus displays its own “Guru Listings” in search results unless the visitor selects the option to exclude them in search results.

12. Sublets. Sublet advertisements will be displayed in search results unless the visitor selects the option to exclude them in search results.

13. Specials. Special classified advertisements (e.g., no deposit, 1^st month free) will be displayed on the Apartment Specials page of the Website devoted only to specials.

14. Roommates. Roommate advertisements will be displayed in search results unless the visitor selects the option to exclude them in search results. Roommate classified advertisements may offer limited information about the location of the property and identity of the poster, including not displaying the poster’s name, the location of the poster’s address and telephone number, and not displaying the location in the map functions. As you may review in more depth on our Terms of Use, ApartmentGurus.com disclaims and makes no guarantees or warranties regarding the roommate classified advertisements posted and there are limitations of liability and indemnity for any claims arising from injuries and damages resulting from or relating to any roommate classified advertisement.

15. No refunds. Unless otherwise agreed up by you and ApartmentGurus.com, there are no refunds for any classified advertisement you post on the Website.

16. Other terms and conditions.

1. Your classified advertisement is solely for the purpose of describing the particular rental property for rent or your roommate search and may not contain any links to other websites nor reference to such links. All classified advertisements must be for rental properties that are actually available for rent. Failure to comply will result in a warning or possibly deletion of your classified advertisement without notification or refund.

2. Each classified advertisement must include an active, legitimate telephone number or email where Users can reach you or your agent.

3. If you choose to have replies sent to you via email, ApartmentGurus.com is not responsible for replies that are not deliverable because of an incorrectly entered email address or any other error that involves the destination email address or the destination email server.

4. Classified advertisement listings are valid for either 1, 3, 14, or 30 days and can be deactivated by you prior to the expiration date but you will not receive any refund or partial refunds.

5. ApartmentGurus.com reserves the right to change the content of any classified advertisement for reasons such as improper spelling, profanity, referencing other websites, or any other reason it deems necessary to change as outlined in our Terms of Use. You are not permitted to use HTML coding in ApartmentGurus.com classified advertisements.

6. ApartmentGurus.com complies with state and federal civil rights laws, including the Fair Housing Act and the Americans with Disabilities Act. You agree to comply with our Equal Housing Opportunity Policy and thus agree to avoid stating any preference based on race, color, national origin, sexual orientation, religion, handicap or any other category. At other locations in this website, ApartmentGurus.com may remind you not to include information that is potentially actionable under such laws. To the extent that ApartmentGurus.com serves as a venue for information on the basis of which you could unlawfully discriminate against potential Users, you hereby agree to defend and indemnify ApartmentGurus.com pursuant to our Terms of Use.

7. In connection with your use of the Website, you acknowledge and agree to our Terms of Use in totality.

8. By registering your property's information, you consent to ApartmentGurus.com posting information about your classified advertisement on the Website before Users, subject to ApartmentGurus.com's Privacy Policy.

9. ApartmentGurus.com will only use the information your provide in accordance with our Privacy Policy and Terms of Use. Pursuant to our Terms of Use, ApartmentGurus.com may only use your trademarks, service marks and trade names to properly identify buildings owned or managed by you.

10. ApartmentGurus.com provides all Users with the opportunity to correct, update, or delete information stored in their user account. To review, modify or delete your account information, simply log into your account and make any necessary changes.

11. By entering into this Agreement, you hereby represent and warrant that you will abide by our Terms of Use which provides in part that: (a) you will not transmit to ApartmentGurus.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; (ii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; 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; (b) your use of our website and services will at all times comply with all applicable laws, rules, and regulations and that you will do nothing to incur liability for ApartmentGurus.com or cause ApartmentGurus.com to lose (in whole or in part) the services of ApartmentGurus.com' ISP's or other suppliers; (c) you have the power and authority to enter into this Agreement: if you are an individual, this includes, without limitation, that you are of the legal age in your state of residence to make contracts; (d) you are an employee, agent or representative of the properties that you are registering or registering with, and you have the authority to negotiate a Lease Transaction on behalf of the properties; and (e) all information supplied or to be supplied by you relating to this website and ApartmentGurus.com's services is and will be accurate and complete.

12. We may amend this policy (including, without limitation, the Terms of Use and/or our Privacy Policy ) at any time by posting the amended terms on the Website. Except as otherwise provided herein, changes to this Agreement are effective thirty (30) days after we provide you with notice of the change by email or post a notice on the Website.

13. You and ApartmentGurus.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

14. Except as explicitly stated otherwise, any notices shall be given by email to legal@apartmentgurus.com (in the case of ApartmentGurus.com) or to the email address you provide to ApartmentGurus.com during the registration process, or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to ApartmentGurus.com during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

15. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Any action related hereto will be governed by the laws of the State of Texas without regard to its conflict of law provisions pursuant to our Terms of Use.

16. If you have any questions regarding the legal significance of this Advertising Policy, you are encouraged to seek the advice of an attorney.

Last updated November 1, 2009