AGREEMENT BETWEEN USER AND Minnesota Multi Housing Association
The Minnesota Multi Housing Association Web Site is comprised of various Web pages operated by Minnesota Multi Housing Association.
The Minnesota Multi Housing Association Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Minnesota Multi Housing Association Web Site constitutes your agreement to all such terms, conditions, and notices.
Minnesota Multi Housing Association reserves the right to change the terms, conditions, and notices under which the Minnesota Multi Housing Association Web Site is offered, including but not limited to the charges associated with the use of the Minnesota Multi Housing Association Web Site.
LINKS TO THIRD PARTY SITES
The Minnesota Multi Housing Association Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Minnesota Multi Housing Association and Minnesota Multi Housing Association is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Minnesota Multi Housing Association is not responsible for webcasting or any other form of transmission received from any Linked Site. Minnesota Multi Housing Association is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Minnesota Multi Housing Association of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Minnesota Multi Housing Association Web Site, you warrant to Minnesota Multi Housing Association that you will not use the Minnesota Multi Housing Association Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Minnesota Multi Housing Association Web Site in any manner which could damage, disable, overburden, or impair the Minnesota Multi Housing Association Web Site or interfere with any other party's use and enjoyment of the Minnesota Multi Housing Association Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Minnesota Multi Housing Association Web Sites.
USE OF COMMUNICATION SERVICES
The Minnesota Multi Housing Association Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Minnesota Multi Housing Association has no obligation to monitor the Communication Services. However, Minnesota Multi Housing Association reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Minnesota Multi Housing Association reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Minnesota Multi Housing Association reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Minnesota Multi Housing Association's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Minnesota Multi Housing Association does not control or endorse the content, messages or information found in any Communication Service and, therefore, Minnesota Multi Housing Association specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Minnesota Multi Housing Association spokespersons, and their views do not necessarily reflect those of Minnesota Multi Housing Association.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Minnesota Multi Housing Association OR POSTED AT ANY Minnesota Multi Housing Association WEB SITE
Minnesota Multi Housing Association does not claim ownership of the materials you provide to Minnesota Multi Housing Association (including feedback and suggestions) or post, upload, input or submit to any Minnesota Multi Housing Association Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Minnesota Multi Housing Association, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Minnesota Multi Housing Association is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Minnesota Multi Housing Association's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Minnesota Multi Housing Association WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Minnesota Multi Housing Association AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Minnesota Multi Housing Association WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Minnesota Multi Housing Association WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Minnesota Multi Housing Association AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Minnesota Multi Housing Association WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Minnesota Multi Housing Association AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : firstname.lastname@example.org
Minnesota Multi Housing Association reserves the right, in its sole discretion, to terminate your access to the Minnesota Multi Housing Association Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Minnesota Multi Housing Association Web Site. Use of the Minnesota Multi Housing Association Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Minnesota Multi Housing Association as a result of this agreement or use of the Minnesota Multi Housing Association Web Site. Minnesota Multi Housing Association's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Minnesota Multi Housing Association's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Minnesota Multi Housing Association Web Site or information provided to or gathered by Minnesota Multi Housing Association with respect to such use. If any part of this agreement is 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Minnesota Multi Housing Association with respect to the Minnesota Multi Housing Association Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Minnesota Multi Housing Association with respect to the Minnesota Multi Housing Association Web Site. 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Minnesota Multi Housing Association Web Site are: © 2020 MHA and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In compliance with the Digital Millenium Copyright Act (“DMCA”), MHA has registered a designated copyright agent with the U.S. Copyright Office and has stated its policy regarding addressing copyright infringement below.
If you believe your copyright material is being used on this website without permission, please notify the Designated Copyright Agent at:
Todd Liljenquist, Vice President of Government Affairs & COO
1600 West 82nd Street, Suite 110
Bloomington, MN 55431
Phone: (952) 854-8500
Fax: (952) 854-3810
How to Provide Notice of Infringement
If you believe that any portion of the material contained on this site infringes your intellectual property rights, please provide the following information in writing to the MHA Designated Copyright Agent listed above:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- The exact location of and link to the alleged infringing material;
- The complaining party’s address, telephone number and electronic email address;
- 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
- 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.
Upon Receipt of Written Notice of Infringement
Once the MHA Designated Copyright Agent has received the written Notice of Infringement containing the information outlined above, MHA will:
- Remove or disable access to the alleged infringing material;
- Forward the written notification to such alleged infringer; and
- Take reasonable steps to promptly notify the alleged infringer that MHA has removed or disabled access to the allege infringing material.
If you have been accused of copyright infringement and your content has been removed from the MHA website, you may submit a counter notification in writing to the MHA Designated Copyright Agent disputing the allegations in the Notice of Infringement. The Counter-Notice must include:
- A physical or electronic signature of the alleged infringer or a person authorized to act on behalf of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer’s name, address, and telephone number; and
- A statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for the judicial district in which MHA may be found, and that the alleged infringer will accept service of process from the person who provided Notice of Infringement, or an agent of such person.
Upon Receipt of Counter-Notice
Once the MHA Designated Copyright Agent has received the written Counter-Notice containing the information outlined above, MHA will:
- Promptly provide the complaining party with a copy of the Counter-Notice;
- Inform the complaining party that MHA will replace the removed material or cease disabling access to it within ten (10) business days; and
- Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notice, unless the MHA Designated Copyright Agent receives notice from the complaining party that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity that was the subject of the Notice of Infringement.
Not Legal Advice
The information provided herein is not intended and does not serve as legal advice. If you have specific legal questions related to the DMCA, please consult your legal counsel.