Terms & Conditions

Terms Of Use

Fader Publishing LLC

Welcome to the Simply Apartments. (“Fader Publishing”) Website (“Site”). It is owned, operated by and licensed to Fader Publishing. By using or accessing any area of this Site, users (“You,” “User” or “Users”) agree to be legally bound and abide by these Terms of Use, set forth below. Fader Publishing offers its services in the respective jurisdictions where it is qualified to do so. The information at this Site is not targeted at persons or entities residing or doing business in any particular country or state and is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. This Site is for informational and entertainment purposes only. Not all products or services described here are available everywhere. Nothing here is an offer to sell or solicitation of an offer to buy any product or service in any jurisdiction where such offer or sale is contrary to local law or regulation. Users should inform themselves about and observe any such laws or regulations and consult a professional adviser if in doubt as to the meaning of any part of the content of this Site. User agrees to access and use the Site subject to and in accordance with all applicable federal, state, and local laws, regulations, and treaties.

MODIFICATION OF TERMS AND CONDITIONS

Fader Publishing may amend these Terms of Use or any other notices, terms, policies, and conditions on this Site at any time by updating this posting. Accordingly, Users should visit this Site from time to time to review the then-current and effective Terms of Use because, all Users are bound by them. User’s continued use of this Site after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site. No delay or failure to take action under such terms and conditions will constitute a waiver by Fader Publishing, unless expressly waived in writing by a duly authorized officer of Fader Publishing.

LISTINGS AND FLOOR PLANS

Fader Publishing lists floor plans and related pricing of residential units available for lease. Fader Publishing attempts to maintain accurate and up-to-date information regarding these floor plans, but cannot provide any assurance as to the accuracy of such information. All floor plan and pricing information is subject to change without notice.

INTELLECTUAL PROPERTY INFORMATION

By accepting these Terms of Use, Users acknowledge and agree that all information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, files, and other material (collectively “Content”) displayed on this Site are the sole property of Fader Publishing and/or its affiliates, are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. Fader Publishing will aggressively enforce its intellectual property rights to the fullest extent of the law.
Nothing contained on this Site or elsewhere should be construed as granting, expressly, by implication, estoppels, or otherwise, any license or right to use any Fader Publishing trademark or service mark without the express written permission of Fader Publishing. Fader Publishing’s marks may not be used in connection with any product or service that is not Fader Publishing’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Fader Publishing. Trademarks, company names and logos appearing on this Site that are not the property of Fader Publishing are the property of their respective owners, and the permission of such third parties must be obtained to use their trademark(s) or service mark(s).
All Content on the Site is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Fader Publishing owns all copyrights in the selection, coordination, arrangement, and enhancement of such Content and in databases pursuant to applicable laws and treaties. Except as permitted elsewhere in these Terms of Use or by the fair use privilege under applicable copyright laws or treaties, if any, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement applicable to such software. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

TERMINATION POLICY FOR VIOLATION OF COPYRIGHT

Users of this Site are responsible for compliance with all copyright laws pertaining to information that they place on the Internet using Fader Publishing’s facilities. Use of Fader Publishing’s online services will be terminated for anyone who violates the copyright provisions of the United States Code on the second notice of violation by Fader Publishing. Information about the Copyright Act and copyright law can be found at http://lcweb.loc.gov/copyright. Fader Publishing will respond to complaints of copyright infringement as provided for in the Digital Millennium Copyright Act (“DMCA”). In accordance with the DCMA, Fader Publishing has designated the following individual (the “Designated Agent”) to receive notification of possible violations of copyrights:
Webmaster – Fader Publishing
205 North Stephanie St., Ste. D-177 Henderson Nevada, 89074
Tel: 702.985.9911
E-mail: webmaster@simplyapartments.com
Fader Publishing will expeditiously remove and/or block access to material posted by a User upon notice of infringement of copyright provided to the Designated Agent by the copyright owner. The individual responsible for posting material suspected of copyright infringement will be promptly notified by the Designated Agent and will be provided with the following information:

  • Name and address of the complaining party;
  • Sufficient information to identify the copyrighted work or works; and
  • A statement from the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
  • If the individual receiving notice of improper use believes that the material in question is being used lawfully, a “Counter Notice” should be provided to the Designated Agent, and Fader Publishing will restore access within 14 days of the Counter Notice, unless the matter has been referred to a court. The Counter Notice must contain the following:
  • The individual’s name, address, phone number and signature;
  • Identification of the material and its location before removal;
  • A statement, under penalty of perjury, that the material was removed by mistake or misidentification on the part of the complainant; and
  • Consent to local Federal court jurisdiction.

Under the DMCA, Fader Publishing may be obligated to provide names of individuals using its online services upon the order of a federal court. Fader Publishing will safeguard the privacy of a User’s identity on the Internet to the full extent of the law, subject to our Privacy Policy. Questions about compliance with the DMCA at Fader Publishing may be addressed to the Designated Agent listed above.

Fader Publishing’s Rights

Fader Publishing may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of individual Users, Fader Publishing or its affiliates, directors, officers, employees, or other representatives. Fader Publishing is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, Fader Publishing may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. Fader Publishing reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Fader Publishing, or its affiliates, directors, officers, employees or other representatives, persons in the jurisdictions that may access the Site, or any rights of Fader Publishing or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Fader Publishing, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Fader Publishing, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Site.

ONLINE CONDUCT

Any conduct by a User that in Fader Publishing’s sole discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted. User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically harassing, intimidating or discriminating, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable local, state, national, or international law. Users may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any account on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. If you create a password on the Site, you may not disclose your password to any third parties or use your password for any unauthorized purpose. Users may not use the Site to send unsolicited advertising, promotional material, or other forms of solicitation to other Users, except in those specified areas, if any, that are designated for such a purpose. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to this Site if you breach these Terms of Use, if we are unable to verify or authenticate any information you provide to us, or if we believe that your conduct violates applicable law or is harmful to the interests of Fader Publishing, its affiliates, or other Users. As a condition of your use of the Site, you agree that you will not: (i) use the Site to infringe the intellectual property rights of others in any way; (ii) use the Site, or attempt to penetrate, modify, or manipulate the Site or services offered through or at the Site or any of the hardware or software thereof in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of any other User of the Site, or to modify, damage, or erase any information contained at the Site or any other User connected to the Site; or (iii) reverse engineer any portion of the Site.

CONFIDENTIALITY OF USER COMMUNICATIONS

Fader Publishing has a firm commitment to safeguard the privacy of Users to the full extent of the law. Fader Publishing encourages Users to review Fader Publishing’s Privacy Policy. Nevertheless, User acknowledges and agrees that by providing Fader Publishing with any personal or proprietary User information through the Site, including proprietary credit card/customer account data, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with Fader Publishing ‘s business practices, and to third parties as necessary in the course of Fader Publishing’s business activities.
Fader Publishing reserves the right to cooperate fully with state, local, federal, and international officials in any investigation relating to any Content (including personal or private electronic communication transmitted on the Fader Publishing Site) or purported unlawful activities of any User.

INTERNATIONAL PRIVACY COMMITMENT

These Terms of Use and Fader Publishing’s Privacy Policy are currently applicable to Fader Publishing’s United States customers and visitors to the Site. As websites for international audiences are developed, they will maintain their own rules and practices, to be consistent with this statement, which they may modify as needed for particular products and services, or to conform to local laws or customs around the world. If you have any questions about the Fader Publishing Privacy Policy, you may send an e-mail to webmaster@ Fader Publishing -properties.com.

USE OF LINKS

Should the User leave this Site via a link contained herein, and view content that is not provided by Fader Publishing, the User does so at his or her own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Fader Publishing. Fader Publishing is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Site, whether actual, alleged, consequential or punitive. Fader Publishing makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Furthermore, if you choose to take advantage of an offer from a company other than Fader Publishing and you become their customer by contacting that company’s website, your actions on that site and the treatment of your information will be subject to the terms and conditions and privacy policy application to that site.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Site is provided for the convenience of its users on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, security or accuracy. Neither Fader Publishing, nor its affiliates, directors, officers, employees or other representatives, warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Site. No oral advice or written information given by Fader Publishing or its affiliates, directors, officers, employees, or other representatives, shall create a warranty; nor shall User rely on any such information or advice. Neither Fader Publishing nor any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Fader Publishing’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by the laws of the State of Nevada. Fader Publishing does not guarantee continuous, uninterrupted or secure access to its services, and operation of the Site may be interfered with by numerous factors outside Fader Publishing‘s control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Fader Publishing’s failure to act with respect to a breach by User or other Users does not waive Fader Publishing’s right to act with respect to subsequent or similar breaches.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between User and Fader Publishing is intended or created by these Terms of Use.

ARBITRATION

Any controversy or claim arising out of or relating to these Terms of Use 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 Las Vegas, Nevada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either User or Fader Publishing may seek any interim or preliminary relief from a court of competent jurisdiction in Las Vegas, Nevada necessary to protect the rights or property of User or Fader Publishing pending the completion of the arbitration. Notwithstanding the foregoing, to the extent User’s actions cause Fader Publishing irreparable harm for which money is inadequate compensation, Fader Publishing reserves the right to seek immediate injunctive relief, in addition to damages and other available remedies.

ACKNOWLEDGMENT

These Terms of Use represent the entire understanding between User and Fader Publishing regarding User’s relationship with Fader Publishing with regard to User’s use of this Site and supersedes any prior statements or representations.

CONTACT

If User has any questions relating to these Terms and Conditions, please contact Fader Publishing at webmaster@simplyapartments.com, or call 702.985.9911.
Effective Date: January, 01, 2012.