Welcome to the User Agreement (the "Agreement" or "User Agreement") for Afito. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.Afito.com (the "Site") and the general principles for the website. Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.
You may not change, supplement or amend this Agreement in any manner. Afito LLC, in its sole discretion, may change, supplement or amend this Agreement as it relates to your use of the Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Site.
Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the posting fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current policies.
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Afito LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
Without limiting other remedies, we may limit your activity, immediately remove your property listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
Protection of users' privacy is very important to Afito LLC. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical, as well as technological, security devices. If you object to your Information being transferred or used in this way, please do not use our services.
Users posting or otherwise using this Site declare THAT THEY WILL NOT DISCRIMINATE AGAINST APPLICANTS OR TENANTS ON THE BASIS OF AGE, RACE, GENDER, NATIONALITY, RELIGION, DISABILITY OR SEXUAL PREFERENCE, WITH RESPECT TO AVAILABILITY OF HOUSING OR THE TERMS AND CONDITIONS OF RENTING OR LEASING HOUSING, AND ACKNOWLEDGE THAT AFITO LLC WILL SUSPEND THE ACCOUNT OF ANY USER FOUND GUILTY BY THE DESIGNATEDAUTHORITIES, OF ENGAGING IN ANY SUCH DISCRIMINATION.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES "ON AN AS IS BASIS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 that vary from state to state or province to province.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale or lease of items.
You and Afito LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Afito LLC, 153 East Linden Ave. Englewood NJ 07631 (in the case of Afito LLC) or to the email address you provide to Afito.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Afito during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
In the event a dispute arises between you and Afito LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Afito LLC agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
All sales are final. Should you have a concern or issue with your posting(s), please contact our Customer Service Department.
Afito LLC policy states that all invoices for postings on Afito are due upon receipt. Invoices that are not paid in a satisfactory timeframe may result in disciplinary action. Disciplinary action may include a formal warning, related postings taken offline, temporary or indefinite suspension of the user's account and/or collections procedures. Afito LLC will contact the user prior to taking disciplinary action. Afito LLC reserves the right to not reinstate a user's suspended account.
Afito’s premium listings service operates on a monthly billing cycle. All premium property listings services and advertisements will be active until the end of the month in which they were purchased. After this period has expired, postings will be renewed automatically, UNLESS a listing has been marked “inactive,” due to its being rented or for another reason, and remains on “inactive” status at 12:01am on the date of the beginning of the next billing cycle (the first of the month). Each posting's start date will be effective on the day of approval by Afito Administration, not necessarily the date submitted by the user.
All postings and/or edits are subject to Afito Administration approval and will be processed online during our business hours (with the exception of Statutory Holidays). Postings submitted outside of our business hours will be processed at the beginning of the next business day. In the case of posting edits, the original posting (if already online) will remain online until the edited version is approved by Afito Administration. Postings that violate any Afito LLC policy may result in disciplinary action. Disciplinary action may include a formal warning, violating postings taken offline and/or temporary or indefinite suspension of the user's account. Afito LLC and/or the School/Institution will consider the circumstances of an alleged offence and the users' posting records, before taking disciplinary action. Afito LLC reserves the right to not reimburse associated fees to a user when a violating posting is taken offline due to disciplinary action.
A property not matching the property description that is outlined in their rental listing is prohibited. In addition, owners must advertise rental property listings under their name; students or other tenants are not permitted to advertise on any owner’s behalf.
Afito LLC will only collect, use and disclose personal information from users, in order to provide the services of this website for the user. We will only handle users’ personal information in a confidential manner. Users voluntarily provide their personal and contact information within secure accounts and to our staff over the phone or through correspondence.
Users are responsible to ensure their personal and contact information is accurate and complete within their accounts, listings or advertisements.
Afito LLC is committed to keeping all users’ personal information secure by the use of IDs, passwords, encryption, firewalls and PCI certification (Payment Card Industry Security). We will continually review and update our security policies and controls as technology changes, to ensure ongoing personal information security.
Afito LLC may collect, use or disclose personal information without the user’s knowledge or consent in the limited circumstances described below:
Afito LLC policy prohibits the use of language on the website that is racist, hateful, sexual or obscene in nature for a public area. This includes, but is not limited to, offensive user names, email addresses, posting's content and pictures.
Rental property listings without street numbers in the property address will be approved by Afito Administration; however, this may result in inaccurate coordinates for mapping within the listing.
Afito LLC policy does not allow multiple addresses or accommodations to be advertised within one rental property listing. Listings that are in violation of this policy will not be approved or posted by Afito Administration. Buildings/properties that have multiple units must be advertised using Building listings that are approved by Afito Administration. Afito LLC reserves the right to edit the content of all rental property listings.
Afito LLC policy does not allow identical rental property listings to be posted more than once within the same school's webpage. Duplicate rental property listings are permitted to be posted on several school's webpages.
Afito LLC policy prohibits users from using this website to send spam. Spam is defined as email that is both unsolicited and is commercial in nature.
Afito LLC policy prohibits users from falsifying or omitting their contact information including name, address and/or telephone numbers (fax machines or disconnected numbers) when processing payment by invoicing. If Afito Administration is unable to contact a user for invoicing purposes, then the aforementioned Invoicing Policy will be in violation.
Users posting or otherwise using this Site declare THAT THEY WILL NOT DISCRIMINATE AGAINST APPLICANTS OR TENANTS ON THE BASIS OF AGE, RACE, GENDER, NATIONALITY, RELIGION, DISABILITY OR SEXUAL PREFERENCE, WITH RESPECT TO AVAILABILITY OF HOUSING OR THE TERMS AND CONDITIONS OF RENTING OR LEASING HOUSING, AND ACKNOWLEDGE THAT AFITO LLC WILL SUSPEND THE ACCOUNT OF ANY USER FOUND GUILTY BY THEDESIGNATED AUTHORITIES, OF ENGAGING IN ANY SUCH DISCRIMINATION.
The specification of preferences of tenants in rental property listings is prohibited, except under shared housing circumstances. If a user is advertising a shared housing unit in which tenants will be sharing a bathroom, kitchen or other common areas, the user may express a preference based upon gender only.
Many people are not aware of the problems these scripts can cause and do not intentionally use them to cause harm; however, these types of scripts can also be used for malicious purposes. Therefore, in the interest of security, Afito Administration will not upload a posting with scripts.
Afito LLC policy permits the use of internet links within banner ads, rental property listing and other postings; however, users posting links take full responsibility for the content of the links. Afito LLC reserves the right to delete any links, where the content is determined to be inappropriate, offensive or against any of the policies set-out herein.
Afito LLC policy permits the use of third party webpage text within postings; however, users posting the text take full responsibility for its content. Afito LLC reserves the right to delete any third party webpage text, where the content is determined to be inappropriate, offensive or against any of the policies set-out herein.
Afito LLC policy prohibits the use of photos on the website that are racist, hateful, sexual or obscene in nature for a public area. It is strictly prohibited to copy, reproduce or reuse any photographs or images from this website.
Afito LLC prohibits users whose accounts are suspended from registering new accounts under a different name and/or participating on Afito using associated registrations.
The material contained in the Afito domain, including all portions of the Site, content, design, logo, text, graphics, and the selection and arrangement thereof are Copyright © Afito LLC, ALL RIGHTS RESERVED. No material from the Site may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the Site only for their personal use, and may not post, republish, broadcast or otherwise broadly disseminate that material. The use of any such material for any other reason and/or on any other website, or the modification, distribution or republication of this material without prior written permission from Afito LLC, is strictly prohibited.
The Site is controlled by Afito LLC from its offices within the State of New Jersey. The Site can be accessed from all provinces and territories of United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the USA, the user agrees that all matters relating to access to or use of the Site, shall be governed by the laws of the New Jersey and the United States, applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the New Jersey and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Afito LLC in accordance with Section 15 (Notices), in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.B. (Release), 5.C. (License), 6 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The services hereunder are offered by Afito, located at 153 East Linden Ave. Englewood NJ 07631.
Disputes between you and Afito LLC regarding our services through Afito may be reported to our Customer Service Department by emailing support@Afito.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Afito LLC and/or any Schools/Institution partners represented do not guarantee representation and/or compliance by users, landlords and/or advertisers with respect to warranty, Residential Tenants Act or applicable legislation in any jurisdictions in relation to postings made on Afito.