Last updated on February 18, 2015. These terms and conditions are effective immediately.
Welcome to DormIQ.com! We are glad you have decided to join our community. Before you begin diving into the vast services and content available on our site ("Site"), please take a moment to review this User Agreement (the "Agreement" or "TOS"). This Agreement is an agreement between you, Oak Street Ventures, Inc., and DormIQ.com (collectively DormIQ, otherwise known as "DIQ"), as well as other DIQ managers and governs the services provided hereunder ("Services"). It is important that you understand both the benefits we provide as well as our limitations.
It is important to remember that DIQ does not actively monitor the content posted on this website. Due to the real-time nature of the website, it is impossible for us to review messages or confirm the validity of information posted. We do not vouch for or warrant the accuracy, completeness, or usefulness of any message, and are not responsible for the contents of any message. Messages posted express the views of the author of said message, not necessarily the views of DIQ or its managers.
Any user who feels that a posted message is objectionable is highly encouraged to report it immediately by emailing us at abuse@DormIQ.com. We have the ability to remove objectionable messages, within a reasonable time frame, if we determine that removal is necessary. We have the right to remove any post, for whatever reason we choose. However, the site is designed to rely on users reporting reviews to keep only relevant posts on the site.
We reserve the right to remove any content from our database for any reason. This includes, but is not limited to, photos and other content provided by users, properties, landlords and management companies.
DIQ is in no way affiliated with any landlord or management company, nor are the contents in any way a reflection of a particular landlord. We are not maintained, moderated, or run by any landlord or management company.
We rely heavily on our users to report posts or reviews that may be considered offensive, false, incomplete, etc. As a condition of your access to the Site and use of the Services, you are prohibited from (i) posting, uploading, exhibiting, communicating or distributing content which violates any applicable laws, rules or regulations or which DIQ, in its sole and absolute discretion, deems to be inappropriate and (ii) engaging in conduct which violates any applicable laws, rules or regulations or which DIQ, in its sole and absolute discretion, deems to be inappropriate. Examples of such prohibited content and prohibited conduct include, without limitation, the following:
We urge users to report posts that fall into any of these categories. Any user found posting content which fits in any of the above criteria risk temporary or permanent suspension of their account.
We also prohibit the following conduct:
We reserve the right to ban any user or IP, at any time, for any reason.
By using this site, you agree, represent and warrant that you are at least 18 years of age, and that you understand that the content on this Site may not be suitable for some people. DIQ reserves the right to require you to provide DIQ with proof of your age and, if applicable, approval of your use of the Site and the Services by your parent/legal guardian. DIQ may terminate your access to and use of the Site and the Services without warning if it determines that you do not meet the foregoing eligibility requirements.
The Site and the Services are and contain proprietary property/content of DIQ (such as logos, copyrights, trademarks, technology, processes, etc.) ("DIQ Proprietary Property") which may be protected by copyright, trademark, patent, trade secret and other laws. DIQ owns and retains all rights in and to the DIQ Proprietary Property. "DormIQ" and the DormIQ logo are trademarks of Oak Street Ventures, Inc. DIQ hereby grants you a limited, revocable, nonsublicensable license to display and/or utilize the DIQ Proprietary Property solely for your use in connection with using the Site and the Services for the purposes authorized by the TOS. Except as explicitly permitted in the TOS or any Additional Terms, you do not have the right to use the DIQ Proprietary Property for any commercial use or to receive any monetary or other compensation in connection with the DIQ Proprietary Property. Except as expressly provided by the TOS, your use of the DIQ Proprietary Property is strictly prohibited.
Third Party Proprietary Property.
The Services may contain proprietary property/content provided by third party DIQ licensors (such as logos, copyrights, trademarks, etc.) ("Third Party Proprietary Property"). DIQ hereby grants you a limited, revocable, nonsublicensable license to display and/or utilize the Third Party Proprietary Property solely for your use in connection with using the Services for purposes authorized by the TOS. You do not have the right to use the Third Party Proprietary Property for any commercial use or to receive any monetary or other compensation in connection with the Third Party Proprietary Property. Except as expressly provided by the TOS, your use of the Third Party Proprietary Property is strictly prohibited.
Use of Proprietary Property
Unless expressly provided by the TOS or the Additional Terms, you may not copy, modify, edit, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any DIQ Proprietary Property, any Third Party Proprietary Property or any other content appearing on or through the DIQ Services. You acknowledge that DIQ is not responsible for, does not control and makes no representation or warranty regarding the reliability, accuracy, usefulness, safety, legitimacy or quality of any content. DIQ does not endorse any content on the Site or any statement, opinion, suggestion or advice contained therein, and DIQ expressly disclaims any and all liability in connection therewith. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of any content on the Site. You further understand and agree that in the course of your use of the Site and the Services, you may be exposed to content on the Site that is illegal, inaccurate, offensive, indecent or objectionable and you hereby waive any legal or equitable rights or remedies you have or may have against DIQ with respect thereto.
Protecting Intellectual Property; Digital Millennium Copyright Act
DIQ specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Site or the Services any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is DIQ's policy to terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers.
If you are a copyright owner or an agent thereof and believe that any content made available via the Site infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing DIQ's copyright agent ("Copyright Agent") with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit DIQ to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. The contact information for the Copyright Agent to receive notifications of claimed infringement is: 65 E 3RD ST, SUITE F4, NEW YORK, NY 10003.
If you feel that any of your content was improperly removed or made unavailable to other users, please contact DIQ's Copyright Agent via the contact information set forth above.
Links to Third Party Sites
The Site and Services may contain links to independent third-party websites and/or services (collectively, "Linked Sites"). The Linked Sites are not under DIQ's control, and DIQ does not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Linked Sites. By accessing a Linked Site, you may be disclosing your private information and be exposing yourself to content that you find disturbing. It is your responsibility to read and understand the privacy, membership, payment and other policies of the Linked Sites and to determine on your own whether or not you will have any interaction with any of the Linked Sites. DIQ encourages you not to provide any personally identifiable information to any Linked Site unless you know and are comfortable with the party with whom you are interacting. You agree that DIQ is not responsible for and shall have no liability to you, with respect to merchandise, products, and/or services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the Site or the Services.
All videos, comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered by you through the Site and the Services (collectively, "User Submissions") are entirely voluntary and shall be deemed to be non-confidential and shall forever remain the sole property of DIQ. You understand and acknowledge that DIQ has both internal and external resources which may have developed, or may in the future develop, ideas, content, programming, etc. identical to or similar to your User Submissions and you agree that DIQ will not incur any obligation or liability to you or otherwise as a result of (i) any such similarities or (ii) DIQ's review of any of the User Submissions. You hereby assign to DIQ, throughout the universe in perpetuity, all rights of every kind and nature (whether currently existing or hereafter developed), including copyright, in and to the User Submissions and DIQ shall be entitled to unrestricted use of the User Submissions for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation and/or submission to DIQ of any User Submissions. You hereby waive any and all of your rights of droit moral and similar rights with respect to any User Submissions.
Disclaimer; Exclusion of Warranties
DIQ PROVIDES ITS USERS WITH A SELECTION OF SERVICES, TOOLS AND RESOURCES. THE SITE AND THE SERVICES, AND ALL OF THE CONTENT, INFORMATION, ADVICE, FEEDBACK AND MATERIALS POSTED ON OR PROVIDED BY OR THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO USE YOUR OWN JUDGMENT, CAUTION AND COMMON SENSE IN MANAGING ALL CONTENT, INFORMATION, ADVICE, FEEDBACK AND MATERIALS OFFERED AND YOU AGREE THAT ANY USE YOU MAKE OF SUCH CONTENT, INFORMATION, ADVICE, FEEDBACK OR MATERIALS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT DIQ DOES NOT EVALUATE OR GUARANTEE AND SHALL NOT BE RESPONSIBLE FOR THE, INFORMATION, ADVICE AND/OR FEEDBACK SERVICES GIVEN THROUGH THE SITE OR THE SERVICES. DIQ IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON ANY OF THE FOREGOING CONTENT, INFORMATION, ADVICE, FEEDBACK OR MATERIALS. DIQ IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON, THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE TOS OR THE ADDITIONAL TERMS, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF DIQ. UNDER NO CIRCUMSTANCES SHALL DIQ BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES (WHETHER SUCH CONTENT VIOLATES THE TOS OR ADDITIONAL TERMS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR FROM THE CONDUCT OF ANY USER OF THE SITE OR THE SERVICES OR ANY USER OF ANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TOS OR ADDITIONAL TERMS, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE).
DIQ ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE SITE. DIQ IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. DIQ DOES NOT GUARANTEE ANY RESULTS (SPECIFIC OR OTHERWISE) FROM YOUR USE OF THE SITE OR THE SERVICES AND DIQ MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES OR THE INFORMATION OR SERVICES PROVIDED THEREBY WILL MEET YOUR REQUIREMENTS. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES. DIQ DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AGREE THAT DIQ SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Limitation on Liability
IN NO EVENT SHALL DIQ, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE SITE OR THROUGH THE SITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF DIQ'S SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THROUGH THE SITE OR ANY OF THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE SITE OR THE SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIQ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Governing Law; Disputes
The TOS shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.
Disputes With Other Users
You are solely responsible for your interactions with users of the Site and the Services, and any other parties with whom you interact on or through the Site, the Services and/or the Linked Sites. DIQ reserves the right, but has no obligation, to become involved in any way with these disputes.
You and DIQ agree to submit to the exclusive jurisdiction of the courts located in New York County, New York to resolve any dispute arising out of the TOS or your access to or use of the Site or the Services. EACH OF YOU AND DIQ HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SITE AND THE SERVICES. FURTHER, EACH OF YOU AND DIQ HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND DIQ ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO THIS AGREEMENT.
You agree to indemnify, defend and hold haDIQess DIQ, its subsidiaries, affiliates, licensors and assignees and their respective officers, directors, managers, agents, partners and employees, from and against any and all losses, liabilities, claims, damages and demands, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of (i) your access to and/or use of the Site and the Services, including, without limitation, any content, services and/or products offered thereby or in connection therewith; (ii) a violation or breach by you, or any user of your account, of any terms of the TOS or of any Additional Terms, including, without limitation, a breach of any of the representations, warranties or agreements set forth in the TOS and the Additional Terms (including, without limitation, a violation of any third party right, including without limitation any copyright, property, or privacy right); and/or (iii) any content that you post on or through the Site or Services, including, without limitation, any claim that your content, in whole or in part, caused damage to a third party. This defense and indemnification obligation will survive following the termination of your use of the Site and the Services.
DIQ has the right to assign the TOS and/or its rights hereunder, in whole or in part, to any third party. You do not have the right to assign the TOS. The failure of DIQ to exercise or enforce any right or provision of the TOS shall not operate as a waiver by DIQ of such right or provision. The section titles in the TOS are for convenience only and have no legal or contractual effect. The TOS operates to the fullest extent permissible by law. If any provision of the TOS is held by a court or other tribunal of competent jurisdiction to be unlawful, void or unenforceable, such provision (i) is deemed severable from the TOS and does not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect and (ii) shall be limited or eliminated to the minimum extent necessary to comply with the applicable law. DIQ reserves all rights in and to the Site, including the Services and the other content posted thereon, unless otherwise expressly provided by this TOS. DIQ reserves the right to modify or discontinue any aspect of the Services at any time without any liability to you, but will notify you of any material changes via a posting on the Site.
DIQ may modify the TOS or add or remove terms at any time, and each such modification, addition or deletion will be effective immediately upon posting on the Site. We will notify you of any material changes via a posting on the Site. Your use of the Site or the Services following any such posted notice constitutes your agreement to be bound by and your acceptance of the TOS as so modified. Please think before you post and always act in an ethical and respectful manner.