The information contained within this site is sole property of University Place Apartments.
“uplace.com” is the interactive on-line service operated by University Place Apartments on the World Wide Web of the Internet, consisting of information services and content provided by University Place, affiliates of University Placee and other third parties. “Subscriber” means each person who establishes or accesses a connection for access to and use of uplace.com.
(A) This Agreement, which incorporates by reference other provisions applicable to use of uplace.com, including, but not limited to, supplemental terms and conditions governing the use of certain specific material contained in uplace.com, sets forth the terms and conditions that apply to use of UPlace by Subscriber. By using UPlace (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. uplace.com The right to use is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s) or sensitive information, if any.
(B) University Place Apartments shall have the right at any time to change or discontinue any aspect or feature of uplace.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
University Place shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of uplace.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of uplace.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of uplace.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use uplace.com for lawful purposes only. Subscriber shall not post or transmit through uplace.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without University Place Apartments express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in University Place Apartments discretion restricts or inhibits any other Subscriber from using or enjoying uplace.com will not be permitted. Subscriber shall not use uplace to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with uplace.com.
(B) uplace.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, graphics, and the entire contents of uplace.com are copyrighted as a collective work under the United States copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of University Place Apartments and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) The foregoing provisions of Section 5 are for the benefit of University Place Apartments, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF uplace.com IS AT SUBSCRIBER’S SOLE RISK. NEITHER UNIVERSITY PLACE APARTMENTS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT uplace.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF uplace.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH uplace.com.
(B) uplace.com IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT UNIVERSITY PLACE APARTMENTS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL UNIVERSITY PLACE APARTMENTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING , BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE uplace.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON uplace.com.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, uplace.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN uplace.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Subscriber agrees to defend, indemnify and hold harmless University Place Apartments, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of uplace.com by Subscriber or Subscriber’s Account.
Either University Place Apartments or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, University Place Apartments shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which University Place Apartments, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
uplace.com, University Place Apartments, UPlace and each of their logos are trademarks of University Place Apartments. All rights reserved. All other trademarks appearing on uplace.com are the property of their respective owners.
10. Third Party Content.
University Place is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, University Place has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of uplace.com, are those of the respective author(s) or distributor(s) and not of University Place Apartments. Neither University Place Apartments nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
This Agreement and any operating rules for uplace.com established by University Place Apartments constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Apply Today and Experience College Life...
with the Convenience of Home