In consideration for using an EA web site, you explicitly agree to the terms and conditions set forth in this document as may be modified from time to time.
First, let’s just be clear: sometimes mistakes happen. We try hard to have all our data correct, but sometimes the trained monkeys mess up, or didn’t have enough coffee. When that happens, we try to fix it. We try even harder when you bring it to our attention–because the only way to know if its not quite right is to be made aware of it! Sometimes things change too, sometimes right underneath us. Hurricane goes through (or a really bad group of customers) and we rework things, sometimes we remodel just because its nice to do…. but those may not make it to the site description. When in doubt, contact us and we can clarify. Hey, see something goofy or wrong, let us know! We’ll look into it quick and fix it.
That said, if rates, number of beds, types of beds, amenities, whatever else may exist anywhere on this site, isn’t exactly what it looks like in the real world, under no circumstances will EA be liable in any way for any such errors and omissions, or for any loss or damage of any kind incurred as a result. You see a rental for $1? No, you can’t have it for $1. Or whatever else.
Also note that rates and offers generally include a discount for payment in cash (check, ACH, money order, cashier’s check, and equivalent, cash itself is not accepted).
If you would like to pay with credit card, then you acknowledge that the amount due will be increased to reflect removal of the cash discount for that portion of your overall balance for which you are paying with the credit card. Non-cash pricing is generally 3-5% higher than cash pricing. Please inquire.
Site Usage Agreement
You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, (the “Materials”), are the sole responsibility of the person from which such Materials originated. This means that you, and not Elkins Apartments and associated companies (EA), are solely responsible for all Materials that you upload, post, email, transmit or otherwise make available (collectively “Upload”) via any portion of the Site. We do not control all of the Materials posted via the Site and, as such, cannot and do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that may be offensive or objectionable. Under no circumstances will EA be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials Uploaded via the Site. You agree to not use the Site to: (i) Upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to, an EA representative, or misrepresent your affiliation with a person or entity; (iii) Upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; and (iv) Upload any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any Material that contains software viruses or the like. You understand and agree that the EA does not pre-screen all Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the Site.
EA and their respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. The material provided on the EA’s Sites is designed for educational and entertainment purposes only. Prices and any other information is subject ot change. EA is not responsible for errors and omissions on this site, nor will EA be held to any such errors or omissions.
User-Submitted Content and Intellectual Property
You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Service (“Your Content”).
EA will make no sale of Your Content to a third party unless and until you have expressly consented to be represented by EA Image and Video Sales.
By uploading Your Content, however, you grant EA (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a worldwide, perpetual license to display, distribute, reproduce, and create derivatives of Your Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with EA Products. EA may license or sublicense, in whole or in part, to third parties rights in Your Content as appropriate to distribute, market, or promote such EA Products. You also grant EA permission to use and authorize others to use your name and any profile picture you provide in association with Your Content for identification, editorially, publicity related to Your Content or the Service, and for similar institutional promotional purposes. You also agree that EA may make Your Content available to users of the Service who may display and redistribute it in the same way that EA makes all other Content available.
EA may use Your Content, without compensation to you, in any EA Products that feature Your Content in the context of, in direct promotion of, or otherwise strongly identified with (beyond mere attribution), the special section or community of the Service to which it was submitted, such as “My Pad,” Rick My Pad,” or successor sections or communities of the service.
EA may exercise its rights to use Your Content in EA Products other than described in sub-section c., immediately above (e.g. for an “App,” a book or e-book, merchandise, etc.), and will pay you at EA’s rates. Certain EA Products in production prior to 1 June 2013 and scheduled for release after 1 June 2013 but before 31 December 2013, are exempt from this provision and use of Your Content in such EA Products is governed by the Terms in effect prior to 1 June 2013.
To enable EA to use Your Content in EA Products, EA may request you to provide Your Content in other formats, and if technically possible, you agree to provide Your Content in such other formats so long as EA pays you the reasonable out of pocket costs of providing Your Content in such other formats.
Any payment to you is conditioned upon you keeping your registration information up to date and you completing any paperwork that EA requires to make payments to third parties. EA also reserves the right not to make payment to you if EA reasonably believes that to do so would violate applicable law.
You represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for EA’s use, in accordance with the license you grant above, of any Your Content that you post, and nothing you post will infringe on the rights of others;
Materials copyrighted by EA are for personal use only. Permission to otherwise reprint or electronically reproduce any document in part or in its entirety is expressly prohibited, unless prior written consent is obtained from the rightful owner.
The compilation of information on the EA Site(s), including the design and organization is copyrighted and may not be reprinted nor electronically reproduced. Information copyrighted or owned by any individual or entity other than the EA is for personal use only. All Elkins Apartments web sites include a variety of materials created by a large number of individuals through various avenues of funding and submission. Although these works may be freely accessible on the World Wide Web and may not include any statement about copyright, the U.S. Copyright Act nevertheless provides that such works are protected by copyright. Users must assume that works are protected by copyright until they learn otherwise.
Unless rights of use are clearly stated with respect to an individual item, users must seek permission from the copyright owner for all uses that are allowed by fair use and other provisions of the U.S. Copyright Act. If you need assistance with identifying or locating the copyright owner of a work, please contact EA.
The Elkins Apartments official designated to respond to allegations of copyright infringement on the part of individuals at Indiana University (any campus), in accordance with the Digital Millennium Copyright Act, is identified below, along with contact information.
The act requires the complainant to include certain information in a complaint, and providing that information in the initial contact may help speed resolution of the complaint.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following elements:
- a physical or electronic signature;
- identification of the infringed work;
- identification of the infringed material;
- contact information for the complainant, e.g. address, telephone number, electronic mail 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 or the law; and
- a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
When inquiries are E-mailed to us, we store the question and the E-mail address information so that we can respond electronically. Unless otherwise required by statute, we do not identify publicly who sends questions or comments to our web site. We will not obtain information that will allow us to personally identify you when you visit our site, unless you chose to provide such information to us.
By submitting an inquiry of any type through any means to us, you are providing us with permission to to respond to that inquiry and to send additional information at any time, through whatever channel we elect to use, including email, email campaigns, and telephone, until such time as you elect to opt-out of any or all messaging. We will not sell your email to others and we will immediately respect your wishes to unsubscribe from any or all of our messaging except those required as part of a continued business relationship.
Agent Contact Information
For inquires regarding copyright and other legal matters, please contact:
Legal and Copyright Management
940 North Walnut St.
Bloomington, Indiana 47407
Links to other sites
The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that EA has no control over such sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Materials, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the EA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Materials or goods available on or through any such site or resource.
Warranties and limitations
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE AND THE CONTENT ARE PROVIDED “AS IS”. EA, ITS AGENTS, AFFILIATES, CONTRACTORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, AEI, ITS AGENTS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.
IN NO EVENT SHALL EA, ITS AGENTS, ITS AFFILIATES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AEI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.