Terms of Use

Welcome to BunkRater! This Terms of Service (the "TOS") describes the terms on which BunkRater offers you an account on the Web site located at rater.dbsource.org (the "Site"). BY REGISTERING FOR AN ACCOUNT, YOU INDICATE YOUR ACCEPTANCE OF THIS TOS AND ITS TERMS AND ANY MODIFICATIONS THAT MAY BE MADE TO THE AGREEMENT OR ITS TERMS FROM TIME TO TIME. All uses of your account are governed by this TOS. BunkRater shall not be liable to you for any breach of the terms of this TOS. If you have any questions about your obligations under this TOS, email mattmcmurry@gmail.com.

If you are under 13, BunkRater may not receive Content from you; please do not post to the Site. By posting Content on the Site, you represent that you are 13 years of age or older.

1. Modifications To Terms Of Service. BunkRater reserves the right to revise, amend or modify the TOS at any time and in any manner at its sole discretion. Notice of any revision, amendment or modification of the TOS will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. If you do not agree to the TOS, please do not use the Site. Please check this section of the Site before using the Site to determine whether a change has been made to the TOS. If you do not agree to any changes in the TOS as they may occur, please arrange to terminate your registration with the Site immediately (i) by notifying BunkRater of your unwillingness to accept the changes to the TOS by emailing mattmcmurry@gmail.com; and (ii) by discontinuing your use of the Site. Your continued use of the Site will signify your acceptance of any change in the TOS set forth herein. From time to time BunkRater may supplement the TOS with additional terms ("Additional Terms"). You understand and agree that such Additional Terms are hereby incorporated by reference into the TOS.

2. Submission Of Content.

a. DEFINITION. BunkRater allows you to provide a review in the form of an opinion about apartment rentals (an "Opinion") and a question, answer or comment about apartment rentals and other topics (Discussion Content). The Opinion, Discussion Content and any photographs, videos, and other materials you provide to BunkRater (by uploading such Content to the Site or otherwise) is defined as your "Content."

b. LICENSE. You retain all rights of ownership to your Content. By submitting Content to the Site, you grant to BunkRater a royalty-free, perpetual license to display and reproduce your Content online and offline and permit others (including without limitation, syndication, co-brand and content partners) to do the same.

You are free to use your Content offline in any manner you choose. However, BunkRater attracts visitors to the Site by promising users high-quality content they can't get anywhere else.

(For purposes of this section, the word "display" covers all copyright and other intellectual property rights necessary to effectuate the foregoing intent.)

c. PURSUIT OF INFRINGERS. If BunkRater identifies someone who is displaying your Content online in violation of this TOS and BunkRater wishes to take action against the infringer, BunkRater may contact you to seek your help with the action. However, BunkRater may also directly enforce your ownership rights in the Content against the infringer, and you authorize BunkRater to take any actions on your behalf that BunkRater reasonably deems necessary or appropriate to protect the parties' respective rights. If BunkRater decides to sue the infringer, (1) BunkRater may join you as a co-plaintiff to the action, and (2) any resulting damages or settlements attributable to online uses of your Content shall be solely BunkRater's.

d. REMOVAL OF CONTENT. Currently, BunkRater allows you to edit and delete your Content. At any time, without further notice, BunkRater may restrict your ability to edit or delete your Content. Please note that, irrespective of the foregoing, BunkRater may not be able to propagate changes you make to the Content to the corresponding version being displayed somewhere other than on the Site.

e. USAGE GUIDELINES. You agree not to use the Site to: (a) upload, post, email, or otherwise transmit any Content that is personally identifying information (such as actual names, physical description, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law; (j) "stalk" or otherwise harass another; (k) write comments that in refer to person(s) under 18 years of age in an indecent or prurient manner; or (l) collect or store personal data about other users.

You acknowledge that BunkRater does not pre-screen or filter user comments, Opinions, Discussion Content, or general Content, but that BunkRater and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, BunkRater and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to the Site.

To report alleged violations of the Site Usage Guidelines as set forth in this Section 2e, please visit the Contact page and fill out the form provided.

You acknowledge and agree that BunkRater may preserve Content and may also disclose Content if required to do so by law or if BunkRater believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BunkRater, its users or the public.

3. Your Registration Obligations. In consideration of your use of this Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BunkRater has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BunkRater has the right to suspend or terminate your account and refuse to offer you any and all current or future use of the Site (or any portion thereof).

4. Privacy. Because your privacy is very important to BunkRater, the Site offers you a number of choices to facilitate decisions about how you'd like BunkRater to use and disclose your personal information. By accepting this TOS, you expressly consent to BunkRater' disclosure and use of your personal information (including using email to communicate with you) as described in The Site's then-current Privacy Statement, which is incorporated herein by reference.

5. Indemnity. You agree to indemnify and hold BunkRater, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of this TOS, or your violation of any rights of another.

6. No Resale Of The Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

7. Termination. You agree that BunkRater, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if BunkRater believes that you have violated or acted inconsistently with the letter or spirit of this TOS. BunkRater may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that BunkRater may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such information or to the Site. Further, you agree that BunkRater shall not be liable to you or any third-party for any termination of your access to the Site.

8. Dealings With Advertisers Or Partners. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that BunkRater shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

9. Data and Links. BunkRater may provide access to third party data as part of the Service. In addition, BunkRater may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond BunkRater' control. BunkRater makes no representations as to the quality, accuracy, suitability, functionality or legality of any sites to which links may be provided, or any data. You rely on any such sites or data at your sole risk, and you hereby waive any claim you might have against BunkRater, with respect to such sites and data. BUNKRATER IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

10. No Warranty. THE SITE AND BUNKRATER' SERVICES ARE PROVIDED "AS IS," AND BUNKRATER AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, BunkRater does not promise or warrant to you that any aspect of the Site will be accurate or work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

11. Liability Limits. IN NO EVENT SHALL BUNKRATER OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS SERVICES OR THIS TOS. FURTHER, IN NO EVENT SHALL BUNKRATER OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

12. Access Limits. Without BunkRater' express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

You agree that you will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

13. Governing Law And Arbitration. This TOS is governed in all respects by the laws of the State of Idaho as such laws are applied to agreements entered into and to be performed entirely within Idaho between Idaho residents. Any controversy or claim arising out of or relating to this TOS or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Rexburg, Idaho, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Idaho law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in the Madison County, Idaho, as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Madison County, Idaho.

14. Entire Terms of Service. This TOS (and any addenda or statements expressly incorporated into this TOS that you enter into) constitute the entire terms, and supersede the provisions of any other terms or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the TOS and an addendum, the provisions of the addendum shall control.

If you have registered to use the Manager Center, then this TOS and the Manager Center Agreement entered into between you and BunkRater (and any addenda or statements expressly incorporated into such agreements) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. To the extent there is any conflict between the TOS and the Manager Center Agreement, the terms of the Manager Center Agreement will control.

15. General. You shall comply with all laws and regulations applicable to your access and use of the Site and your publication of your Content. If any portion of this TOS is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the TOS shall be given full effect. BunkRater' failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. BunkRater shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this TOS. BunkRater may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you. BunkRater' suppliers and co-brand partners are third-party beneficiaries of this TOS. Except as provided in Section 1, this TOS may be amended only by a writing physically signed by both BunkRater and you.

16. Other Disclosures. The Site is provided by rater.dbsource.org. At present, BunkRater does not charge you any fees to use its Site or services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the Site shall be your sole responsibility.

For purposes of the Digital Millennium Copyright Act, you may contact BunkRaters' agent for service of notice at the foregoing address or by emailing mattmcmurry@gmail.com. Please make sure that your notices fully comply with the requirements of such act.