1. Acceptance of Terms
You agree to be bound by these terms and conditions of service by continuing to access or use this Site. At any time, Copper Beech may modify the terms and conditions of access and use of this Site. If you do not agree to the terms and conditions of service, do not use the Site.
2. Description of Copper Beech’s Services
Copper Beech provides student housing at various locations in the United States. Copper Beech provides Internet-based credit card and on-line electronic checking payment services to its tenants for monthly rents, security deposits, other
deposits, other fixed payments and late fees, other fees and charges. You agree to pay any convenience fees which may apply.
You agree to provide information about yourself that is true, accurate, current and complete. Copper Beech reserves the right to suspend or terminate your account and refuse any and all current or future use. You may not use this Site for any illegal purpose or in any manner inconsistent with the terms and conditions of service.
4. Membership Account, Password and Security
You will create a password and account designation. You are soley responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities occurring under your password or account. You agree to notify Copper Beech immediately if you notice unauthorized use of your password or account or any other breach of security. Copper Beech will not be liable for any damage or loss arising from your failure to comply with this Section.
5. Use Restrictions
The copyright in all material provided on this Site is held by Copper Beech or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or other wise, without the prior written permission of Copper Beech or the copyright owner.
The information, services, products, and materials contained in this Site, including, without limitation, text, graphics, and links, are provided on an "AS IS" basis with no warranty. To the maximum extent permitted by law, Copper Beech disclaims all representations and WARRANTIES, EXPRESS OR IMPLIED, with respect to such information, services, products, and materials, including but not limited to WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. You agree to indemnify and hold harmless Copper Beech and its employees, representatives, agents and suppliers, against any claim, suit, action or other proceeding brought against Copper Beech, its employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Copper Beech, its employees, representatives, suppliers and agents is based on or arises in connection with the use of this Site, or any links on the Site, including, but not limited to: (i) your use or someone using your computer for use of the Site; (ii) your use or someone using your account, where applicable; (iii) a violation of the terms and conditions of service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Site by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer (or account, where applicable); (vi) any misrepresentation, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
7. Entire Agreement
These terms contain the entire understanding and agreement between the you and Copper Beech with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
8. Consent Representations and Warranties.
You represent and agree that: (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all US law regarding the transmission of any data obtained from the Site in accordance with the terms and conditions of service, (iv) you will not use the Site for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Site.
9. Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, ANY TRANSACTION THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN YOU AND COPPER BEECH arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Copper Beech's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS OF LAW.
10. Dispute Resolution and Binding Arbitration
YOU AND COPPER BEECH ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COPPER BEECH, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Copper Beech") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law,relationships with third parties who are not signatories to this Agreement), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COPPER BEECH SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. For information on AAA or JAMS, contact the following: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.