Terms of Service 1 — SecondChanceRentals

Terms of service.

SecondChanceList is an Advertising and Research Service
SecondChanceList operates the Site as an online advertising and research service for apartment hunters, dwellers and landlords. SecondChanceList does not broker, lease, or sublease apartments directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers) and renters. As a result, SecondChanceList does not (a) guarantee or ensure any apartment or any transaction between a renter and landlord, (b) collect or process payment or execute any lease or sublease documentation on behalf of renters or landlords, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any apartments. You are strongly encouraged to personally inspect any apartment advertised for rent prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. If you operate a website and wish to link to the Site, you must link to the Site’s home page unless permission otherwise has been granted in writing by SecondChanceList. SecondChanceList reserves the right to reject or terminate any links to the Content or the Site. SecondChanceList does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Site. SecondChanceList and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.

Introduction and Agreement
This website (the “Site”) is owned and operated by SecondChanceList, a division of SecondChanceList. These Terms of Service apply to the national version of the Site, located at SecondChanceList, as well as to any publicly available versions of the Site that SecondChanceList offers or co-brands with its newspaper and broadcast affiliates and other distribution partners (collectively, “Affiliates“). Any individual who uses any version of the Site is a “User” for purposes of these Terms of Service. You may have arrived at a version of the Site from an Affiliate’s website, in which case, that Affiliate will be identified at the top of this page. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service. Click here to review the Privacy Statement. SecondChanceList is an Advertising and Research Service SecondChanceList operates the Site as an online advertising and research service for apartment hunters, dwellers and landlords. SecondChanceList does not broker, lease, or sublease apartments directly and is not a party to any transaction between landlords (including, as applicable, property management companies and/or property managers) and renters. As a result, SecondChanceList does not (a) guarantee or ensure any apartment or any transaction between a renter and landlord, (b) collect or process payment or execute any lease or sublease documentation on behalf of renters or landlords, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any apartments. You are strongly encouraged to personally inspect any apartment advertised for rent prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. If you operate a website and wish to link to the Site, you must link to the Site’s home page unless permission otherwise has been granted in writing by SecondChanceList. SecondChanceList reserves the right to reject or terminate any links to the Content or the Site. SecondChanceList does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Site. SecondChanceList and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.

Representations/Indemnity
You hereby represent and warrant that
(a) you have all necessary authority, rights and permissions to submit the Materials to the Site,
(b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and
(c) the Materials do not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold net, SecondChanceList Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale, lease or other transaction between you and a third party.

Prohibited Activities
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to Users or others; (e) engaging in activity or submitting Material or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to SecondChanceList advertisers or to solicit SecondChanceList advertisers in any manner; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on SecondChanceList hardware and software infrastructure (collectively, “Prohibited Activities“).

Equal Housing Opportunity
All Material is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria. If you have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center’s website at www.hud.gov.

Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. SecondChanceList ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND SecondChanceList, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO APARTMENTS AVAILABLE ON THIS SITE IS SUPPLIED BY THE LANDLORD, PROPERTY MANAGEMENT COMPANY OR OTHER THIRD PARTIES. SecondChanceList AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT; AS TO THE ADVERTISED RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN APARTMENT ADVERTISED ON THE SITE. SecondChanceList CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SecondChanceList RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL APARTMENTS ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN APARTMENT MUST BE ADDRESSED WITH THE LANDLORD AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE APARTMENT. SecondChanceList DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL LEASE YOUR APARTMENT, OBTAIN AN ACCEPTABLE RENT FOR YOUR APARTMENT, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR APARTMENT FOR RENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability
SecondChanceList, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF ATLANTAMARKET.NET, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service
You understand and agree that in SecondChanceList sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and SecondChanceList may exercise any other remedy available and remove any Materials, if SecondChanceList believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of SecondChanceList , any Affiliate or Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to SecondChanceList for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that SecondChanceList post a bond. SecondChanceList is not required to provide any refund to you if you are terminated as an authorized User because, in sole SecondChanceList discretion, you have violated these Terms of Service.

Miscellaneous
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Fulton County, Georgia, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Fulton County, Georgia, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by SecondChanceList to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. In the event these terms of service are incorporated by reference into any SecondChanceList advertising contract you may have with an Affiliate, such contract is freely assignable to SecondChanceList any time without your consent. Apartment approvals are at the discretion of the individual property manager, SecondChanceList does not guarantee approval. We simply sell a listing of communities that offer flexible credit terms based on our housing matches. Are fee is to provide you with our site and service. Our fee is not refundable.

Please note: Our service guarantee as listed in our terms of service and FAQs section on our website is:

We will match our customers with Second Chance apartment properties within 3-20 minutes from the downtown area of their nearest major city.
Each apartment listing we provide you with qualifies as a second chance property. We define a second chance property as one that will consider approving applicants who may have a past eviction, foreclosure, bankruptcy, poor credit score or other negative items on their credit report.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.