2. Fees. Access to the System is on a subscription basis only, with a minimum of a six-month commitment. After the initial six-month commitment, this agreement shall remain in effect on a month-to-month arrangement until either cancelled by the Subscriber or by ALN. Currently, the monthly fee is $50.00 (U.S.) per person. All fees are subject to change. Failure to timely pay any fees will subject the Subscriber to a restriction of Services. All fees shall be non-refundable. Any sales tax or other taxes imposed upon the fees charged under this Agreement must be paid by the Subscriber in addition to the fees listed above. Inactive accounts with a non-zero balance will be charged a late fee until the account is brought active. In order to bring an account active, all past due fees must be paid.
3. Access to the System. A login code and password will be necessary before access to the System will be granted. You must contact ALN in order to set up your account and billing information. Login Codes and Passwords are intended for a single user. Sharing of your login code and password may result in your account being terminated immediately.
4. Termination. This Agreement may be terminated by the Subscriber by delivery of written notice to ALN at least 30 days prior to cancellation. Timely delivery of any termination notice will be effective upon the expiration of the billing period. If the Subscriber fails to timely deliver a written notice, the Subscriber must pay the applicable fees for the following billing period. ALN may terminate this Agreement for any reason by delivering at least thirty (30) days advance notice to the Subscriber. ALN may also terminate this Agreement at any time without notice due to a failure to pay fees or other default by the Subscriber.
5. Limitation of Liability. Data provided through the System is compiled from on-site personnel, owners, management companies, various sources of public information, submissions by Subscribers and other sources deemed reliable. No guaranty, warranty or representation of currency or accuracy of the data is made by ALN or other entities which supply data to the System. The Subscriber must not make financial commitments or decisions based solely on data obtained through the System without first verifying the data directly with the appropriate authority or other source of information. The Subscriber also acknowledges and agrees that the System must be turned off periodically for maintenance or other causes beyond the control of ALN, and that the fee structure takes into account these occasional periods when the System is not accessible. ALN is not responsible for any damages due to interruption of the Service.
The subscriber also acknowledges that the internet is not a totally secure medium and that information submitted through this system is at a slight risk of interception. ALN will not be held liable for any incursions that may occur. In addition, as with any digital-based medium, the possibility of a complete data loss is always a potential. ALN regularly backs up the data in several different ways, however the ultimate responsibility for any data which the Subscriber submits to ALN lies with the Subscriber themselves.
ALN WILL NOT BE HELD RESPONSIBLE FOR THE ACCURACY OF ANY DATA ON THE SYSTEM, NOR WILL ALN BE LIABLE FOR ANY DAMAGES FROM THE USE OF THE DATA, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, ACTUAL OR PUNITIVE. NO EXPRESS OR IMPLIED WARRANTY IS GIVEN IN CONNECTION WITH THIS SYSTEM, THE SERVICE, OR ANY DATA OBTAINED THROUGH THE SYSTEM, AND ANY WARRANTY OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED.
6. Assignment. This Agreement may not be assigned by the Subscriber without the prior written consent of ALN. ALN may assign this Agreement to another vendor with 30 day notice to the Subscriber.
7. Notices. Any notices or communications given pertaining to this Agreement must be in writing, except that notices to the Subscriber may be communicated through the System. Notices may be delivered by first class mail, postage prepaid, or may be hand delivered. Notices will be deemed delivered when deposited in the mail. Notices delivered by other means will be deemed delivered only when actually received.
8. Material is Copyrighted. All data, information and materials provided through the System is copyrighted and is provided to the Subscriber for their individual use only as a licensed real estate professional and in no case shall be used in any manner that would be deemed competitive to ALN. All resale, redistribution or other forms of dissemination is strictly forbidden. Without prior written permission from ALN, no information gathered from ALN may be used in any fashion on a web site nor may it be copied into any database. No portion may be reproduced in any manner except for the Subscriber's use as described above. It is expressly intended for your use only. You are expressly forbidden to use this system, or it's data, in performing any searches, market studies, statistical analysis, or any other manipulation for any third party, including, but not limited to, non-ALN subscribing apartment locators, apartment personnel, commercial brokers, lenders, appraisers, property management professionals, etc. You further agree that any violation of this provision will constitute immediate cancellation of all service privileges provided to you by ALN for a period of time of not less than two (2) years, in addition to any and all legal remedies available to ALN.
9. Entire Agreement; Amendments. The provision of the Services by ALN will be evidence of the agreement by ALN to the terms of this Agreement. Likewise, use of the Service by the Subscriber will be deemed an acceptance by the Subscriber to the terms of this Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the System. ALN may make changes to the System, Service, the fee schedule, or other terms of this Agreement at any time. Changes in the operation of the System which are apparent by the use of the System need not be communicated in writing. Continued use by the Subscriber of the System after the effective date of those changes will be deemed an agreement by the Subscriber to those changes.