www.smtxliving.com – Terms and Conditions of Use

Introduction

Welcome to the www.smtxliving.com website (the “Site”), which is owned and operated by SMTX Apartments. By visiting or otherwise using any area of the Site, you unconditionally agree to follow and be bound by the Terms and Conditions of Use (the “Terms”). If you do not agree with the Terms, you must immediately leave the Site.

License and Site Access

All of the material in this Site is owned by or licensed to SMTX Apartments and is intended to provide information about rental property, services and other information. SMTX Apartments grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the contents of the Site (the “Contents”). This license does not include any right to (a) download (other than page caching), reproduce, copy or modify the Site or Contents, or any portion or derivative thereof; (b) the resale or commercial use of any collection or any listings, descriptions or prices (unless you have business relationship with SMTX Apartments which authorizes such use); (c) any derivative use of this Site or the Contents; (d) any downloading or copying of account information for the benefit of another merchant; (e) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SMTX Apartments; or (f) use any metatags or any other “hidden text” utilizing SMTX Apartments’s name or trademarks.

Privacy

Please review SMTX Apartments’s Privacy Policy which also governs to your visit to the Site.

Age of Users

The Site is targeted to adults. Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or guardian agreeing to these Terms on behalf of a Minor, you are fully responsible for the Minor’s use of the Site, including all financial charges and legal liability that the Minor may incur. SMTX Apartments does not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on SMTX Apartments’s websites. Should SMTX Apartments learn that someone under the age of 13 has provided any personal information to or on any of its Sites, SMTX Apartments will remove that information as soon as possible.

Intellectual Property

Unless otherwise noted, all images, photographs, animations, video, audio, music, and text, the overall “look and feel”, processes, software, technology, and other materials and Content which appear on the Site, and the business processes used to market products and services are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by SMTX Apartments one of its affiliates or by third parties who have licensed their materials to SMTX Apartments  and international copyright and other intellectual property laws. The compilation of all contents on this Site is the exclusive property of SMTX Apartments and is also protected by copyright laws.

SMTX Apartments and the owners of property displayed on this Site and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of SMTX Apartments’s or any third party’s intellectual property rights.

The SMTX Apartments names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of SMTX Apartments. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

Other Businesses

Parties other than SMTX Apartments rent property on this Site. SMTX Apartments is not responsible for content that may be added to this Site by any third party, including property owners and property management companies, without authorization and pre-approval of such content by SMTX Apartments. SMTX Apartments may provide links to the sites of affiliated companies and certain other businesses. SMTX Apartments is not responsible for examining or evaluating, and it does not warrant the offerings of, any of these businesses or individuals or the content of their websites. SMTX Apartments does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

Much of the information on the Site is updated on a regular basis and is proprietary or is licensed to SMTX Apartments by the property owner and other third parties. You agree not to use any device, technique, software, system or routine to interfere or attempt to interfere with, or to otherwise circumvent the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, device, technique, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, scrapers, crawlers, avatars or intelligent or automated tools, agents or means of data gathering and extraction;) to navigate, access or search this Site, other than generally available third party web browsers such as Microsoft Internet Explorer™, Google Chrome™, and Mozilla Firefox™. Additionally, you agree that you will not take any action that imposes or may impose (in the sole discretion of SMTX Apartments or the property owners or other third parties affected by your action) an unreasonable or disproportionately large load on SMTX Apartments’s infrastructure, or the bandwidth or infrastructure of the company that hosts the Site, or bypass the robot exclusion headers or other measures on the Site or on the host servers that may be used to prevent or restrict access.

Violation of the Terms

Any unauthorized use of this Site terminates the permission or license granted by SMTX Apartments. SMTX Apartments shall have the right to temporarily or indefinitely suspend or terminate your right to use or access all or any part of the Site, including any account therein, without notice and without liability to you, for any reason in SMTX Apartments sole discretion, including if you violate any of the Terms. SMTX Apartments shall have all additional rights and remedies at law and in equity arising from such violation.

Indemnification

You agree to indemnify, defend and hold SMTX Apartments, and its affiliates, employees, independent contractors, and agents harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or relating to use of the Site by you or arising out of or relating to a breach by you of these Terms. If you violate or infringe upon the rights of any third party, they shall have all remedies at law and in equity to enforce their rights against you to the extent applicable arising from your actions.

Accuracy

SMTX Apartments makes every reasonable effort to provide accurate information via this Site. SMTX Apartments, its employees, affiliates, and owners of property displayed on this Site make no warranty or representation as to the accuracy of information and assume no liability for any errors or omissions in any portion of the Contents. SMTX Apartments reserves the right to change or discontinue any or all parts of this Site, including inventory availability and prices. All information provided through this Site is subject to change without prior notice at any time.

Limitation of Liability

SMTX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORZIED ACCESS TO SMTX APARTMENTS RECORDS, PROGRAMS, OR SERVICES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. AURA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT EVEN IF SMTX APARTMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

No Waiver

Any delay or failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit such rights with respect to such breach or any subsequent breaches.

Applicable Law; Severability

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska. If any provision of these Terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Terms, which shall be given full effect. You agree that any and all disputes, claims and causes of action arising out of or connected with the use or this Site (i) shall be resolved individually, without resort to any form of class action; and (ii) shall be resolved exclusively by the United States District Court or the appropriate Nebraska court located in Lancaster County, Nebraska, and you agree to submit to the nonexclusive personal jurisdiction of such courts and waive any objection to the laying of venue of any litigation in said courts.

Digital Millennium Copyright Act

. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send SMTX Apartments a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SMTX Apartments to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SMTX Apartments a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://copyright for details. Notices and counter-notices with respect to this website should be sent to:SMTX Apartments. SMTX Apartments suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Changes to www.smtxliving.com Terms and Conditions of Use

These Terms were last updated on March 1, 2018. SMTX Apartments reserves the right to update or modify these Terms at any time without prior notice to you. For this reason, SMTX Apartments recommends that you review these Terms whenever you visit the Site. These Terms represent the entire agreement between you and SMTX Apartments regarding the use of the Site.

Notices

You authorize SMTX Apartments to send you notifications and order receipts to the email address(es) you provide. You confirm that you are the only person who opens e-mail at the address(es) you have provided or that if anyone else opens the e-mail, you waive any claims of a violation of your privacy or of potential third party disclosure in favor of the convenience of communicating via e-mail.