Freshrent

LEGAL

1. Terms and Conditions of Use. By using Freshrent.com, you agree to all of the following terms and conditions of use, as modified from time to time (“Terms”).  Your agreement (“User Agreement”) binds you to respect the Terms. ddapartment.com, ddapartments.com, ddapts.com, Freshrent.com, deepdiscountapt.com, deepdiscountapts.com and its affiliates (collectively “Freshrent.com”, “we”, “us” or “our”) may assign this User Agreement at any time without notice in our sole discretion.  This User Agreement does not create any partnership, joint–venture, agency, franchise, employment or other relationship between you and us.  If you violate the Terms, we may terminate your use of Freshrent.com and seek other legal remedies against you. Our inaction towards you in the event of your breach of this User Agreement is not a waiver of our right to act against you in response to that or subsequent breaches.  If any portion of this User Agreement is determined to be legally unenforceable, then the unenforceable portion will be deemed replaced by a legally enforceable provision that most closely matches the intent of the original provision, and the rest of this User Agreement shall remain in effect.  We may rely on your electronic signature to create a binding legal contract with you.  You expressly consent to receive e–mails, telephone calls and other electronic communications from us.

2. Excluded Services and User Waivers of Claims. We do not provide real estate brokerage services, legal advice, or any assistance in negotiating or concluding leases. We do not screen potential renters or provide any services whatsoever other than the services described herein, and by choosing to access the site you agree to waive any claims to the contrary. All information concerning Rental Properties (individually each a “Rental Property”, and in the plural or collectively “Rental Properties”) is provided by Landlords (property owner or manager (“Landlord”) of the Rental Property), and by choosing to access the site you agree that we have no responsibility for the content or accuracy of any such information. It is exclusively your responsibility to inspect any Rental Property and decide whether or not to rent such property based upon your inspection. We are not responsible for the compliance of any Landlord with any law and you agree that we have no liability to you in the event that any Landlord or tenant violates such laws. You may not rely on any information on Freshrent.com as the basis for concluding a lease with any Landlord for any Rental Property. We do not undertake any steps to verify the accuracy or truthfulness of any Landlord-provided information or to inspect any Rental Properties, nor do we have any duty to do so. If you do not expressly agree to each and every one of these conditions and waivers, you must exit the site immediately and may not use our services.

3. Content. Landlords are solely responsible to ensure that all Rental Property advertisements posted are complete, accurate and comply with all laws and regulations, in particular the Fair Housing Act (see below) and other federal, state and local laws prohibiting discrimination in housing. Anyone suspecting discrimination by a Landlord may contact the U.S. Department of Housing and Urban Development at http://www.hud.gov/offices/fheo/index.cfm.   Abusive, obscene, defamatory or sexually suggestive advertisements are prohibited.  Advertisements must not violate the intellectual property rights of third parties, and links to any other website are prohibited.  We retain the right to remove any advertisement or advertiser from the website in our sole and absolute discretion for any reason or no reason.

4. Federal Fair Housing Act.The Federal Fair Housing Act prohibits “any preference, limitation or discrimination because of race, color, origin, religion, sex, handicap, familial status or national origin, or intention to make such preference, limitation or discrimination.“    Landlords are required to know the law and they and their agents are liable for violating it.  Freshrent.com supports the equal opportunity and anti-discrimination laws and is not liable for any violations of law by Landlords in their business practices or in advertising (including on this website).  Anyone seeing discriminatory language in any advertisement on this site is encouraged to report it at once to  .

5. Prohibited Uses. You may not use this website for any illegal purpose, to infringe on anyone’s contractual or intellectual property rights, to distribute harassing, pornographic or “spam“ messages, or for any purpose contrary to the Terms.  You are prohibited from copying, republishing, transmitting or otherwise harvesting any data on the website, or using any automated electronic means for accessing the site.  Reports of prohibited or illegal activity should be reported at once to .

6. Privacy. Please view our privacy policy here.

7. License Agreement. Landlords grant to us an automatic, irrevocable, perpetual, worldwide, royalty free, assignable, sub licensable, nonexclusive copyright and right to use and publish all content provided to us.  We grant to users of Freshrent.com the right to access and use the data contained hereon for the sole purpose of seeking Rental Properties for rental.  You may not use the site for any Prohibited Use as described in 5, above, or for any other purpose.

8. Intellectual Property. Freshrent.com, Deep Discount Apartments, Deep_Discount_Apartments.com, DD Apartments.com, DDApartments.com, DD Apartments, and the Deep Discount Apartments logo are trademarks or registered trademarks of DD Apartments, LLC and may not be copied or used for any purpose without the prior written consent of Legal Counsel , PO Box 1017, Middletown, MD 21769. All materials contained on the Freshrent.com website are the copyrighted property of Freshrent.com, with all rights reserved. No part of the content on this website may be copied without the express written permission of Freshrent.com.

9. Disclaimer, Limitation of Liability, Indemnity and General Release. All content on Freshrent.com is provided “as is”.  We expressly disclaim all warranties of any sort whatever, express or implied.  You use this website at your own risk.  We are not liable for any damages of any kind whatever.  You agree to indemnify and hold us (and our officers, directors, employees, agents, representatives, affiliates, subsidiaries, and joint venturers) harmless from any and all liability, claim, demand, damages (actual or consequential) or cost of whatever kind, including reasonable attorneys' fees, court costs, and other costs of collection, made by anyone arising out of any action or inaction whatever on your part including, but not limited to, violation of this User Agreement or of any law, regulation or contract.  You agree to release us (and our officers, directors, employees, agents, representatives, affiliates, subsidiaries, and joint venturers) from any and all liability, claim, demand, damages (actual and consequential) or cost of whatever kind, known or unknown, disclosed or undisclosed, arising out of, or in any way connected with any dispute with any user of this site.  If you are a California resident, you expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

10. Dispute Resolution. We prefer to resolve all disputes amicably.  In the event of a dispute with us, please contact us at .  If you do not receive a satisfactory response, please call us at our dispute resolution hotline 301-371-5875. In the event that our efforts to amicably resolve disputes fail, the following provisions shall apply: This User Agreement shall be governed by and construed in accordance with the laws of the State of Maryland applicable to contracts made and performed entirely in Maryland without regard to conflict of laws principles.  Any dispute arising out of, or in connection with, this User Agreement which cannot be resolved amicably between the parties shall be referred to and finally resolved by binding arbitration before a single arbitrator of the American Arbitration Association (the “AAA“) under the rules of the AAA, which arbitrator shall be chosen under the customary practices of the AAA.  The arbitration shall be held in the state of Maryland. The standard arbitration fees, including the cost of opening a dossier with the AAA, the cost of the arbitration judge and the cost for space in which to hold the arbitration, shall be borne by both parties equally, and shall not be reimbursed as part of the arbitral award.  The parties agree that attorney fees for the arbitration shall not be assigned to the losing party but each party shall bear its own legal expenses.  The decision of the arbitrator shall be binding.  Each party irrevocably waives any right to appeal to any court of law or further arbitration. In the event that any action or proceeding is brought to enforce the result of an arbitration award resulting from the mandatory binding arbitration of a dispute between the parties, then (i) the action must be brought exclusively in the federal or state courts located in Maryland and (ii) the party in whose favor the original binding arbitration judgment was decided is entitled to recover from the other party all costs, disbursements and reasonable attorneys’ fees incurred in connection with the enforcement action, not including the costs of the arbitration itself.

11. E-Mail Service of Notices. Except as explicitly stated otherwise, legal notices shall be served on us by e-mail at [ ].  They shall be served on you at the e-mail address that you registered with us. Notice shall be deemed received by you 24 hours after the e-mail conveying notice is sent, unless the sending party is notified that the e-mail address is invalid. If you are a Landlord, we may also choose to give you legal notice by mail at the street address you registered with us. In such case, notice shall be deemed received by you three days after the date of mailing.