Effective Date: April 24, 2006

MyNewPlace allows you, the "User", to locate rental properties quickly and conveniently. We offer a simple and easy to use interface with powerful tools to give you the best possible search experience for rental or lease properties. In New Jersey, properties displayed on MyNewPlace appear courtesy of MTS New Jersey, Inc. MyNewPlace is not, however, a party to, nor does it have any involvement with or knowledge of specific terms of any agreement between the User and any rental property.

We offer various services to Users based on your agreement to the following terms without any modification. By registering with MyNewPlace and/or use of MyNewPlace's web site, User agrees to be bound by the following terms of use. These Terms of Use are subject to change at any time, without prior notice.

While MyNewPlace is operated in compliance with all state and federal housing laws, we are not responsible for the actions of any of the property owners featured on this site. Please see Equal Housing Opportunity Policy.

In addition, MyNewPlace respects your privacy. Please see our Privacy Policy.

User Content

By placing material on or communicating with MyNewPlace, User hereby grants to MyNewPlace a royalty-free, perpetual, irrevocable, sublicenseable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. User also agrees to indemnify, defend and hold harmless MyNewPlace from and against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. User further grants MyNewPlace the right to use your name in connection with the reproduction or distribution of any such material. While MyNewPlace is not under any obligation to monitor content provided by Users, MyNewPlace may, in its sole determination, remove any content that it deems objectionable or offensive or unlawful.

Access to the Service

User agrees that User will not: (a) without our prior written permission use any spider, robot, or other automatic device, or manual process to copy or monitor web pages or the content contained on the MyNewPlace web site or for any other unauthorized purpose; (b) use any device, software, or routine to interfere with the functioning of the MyNewPlace web site; and (c) take any action that imposes an unreasonable load (i.e., a load greater than necessary for individual personal, noncommercial use) on MyNewPlace hardware and software infrastructure. In addition, User covenants and represents that User will not use the MyNewPlace web site for any purpose other than those that are noncommercial and personal, nor will User use this web site in violation of the law or these terms of use.

Use of third party services

As a part of our service, MyNewPlace offers links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. MyNewPlace does not operate or control in any way any information, software, products or services available on such web sites. MyNewPlace's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Service Changes

MyNewPlace reserves the right with or without notice to the User at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. MyNewPlace shall have no liability to any User or any third party should MyNewPlace modify or discontinue service.

Obligations of Individuals Registered with MyNewPlace

By completing your registration with www.mynewplace.com as a potential Renter, User agrees that:

1. User is of legal age and is otherwise capable of forming a legally binding contract;
2. User is interested in renting or leasing residential property in the USA;
3. User does not have an exclusive contractual or other arrangement with any Real Estate licensee to represent User;
4. User agrees to be contacted via Email and other means by MyNewPlace, and third parties, if relevant, regarding MyNewPlace services;
5. If User is applying for cash back, MyNewPlace may request, receive, copy and review your lease documents;
6. User acknowledges that MyNewPlace recommends the independent use of all appropriate government, public, consumer and other agencies or sources to verify any property before entering into a lease or rental agreement as MyNewPlace makes no such representations and or warranties about any property.

TERMINATION

MyNewPlace reserves the right in its sole discretion, and without any prior notice, to terminate your access to this web site for any reason, including a User's breach of these Terms of Use, the terms and conditions of any service for which the User may have registered, or a violation of the rights or another User or the law. A User may unsubscribe from any further communication from MyNewPlace at any time by delivering a written notice addressed to CustomerCare@mynewplace.com. User shall be responsible for ensuring delivery of the notice to MyNewPlace.

Copyright

All contents of the MyNewPlace.com web site are Copyright Multifamily Technology Solutions, Inc., d.b.a. MyNewPlace. All Rights Reserved. MyNewPlace is a service mark of Multifamily Technology Solutions, Inc. Other product and company names may be trade or service marks of their respective owners.

It is the policy of MyNewPlace to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites:

Multifamily Technology Solutions, Inc.
President
Attn: John Helm
425 Bush Street
Suite 200
San Francisco, CA 94108
USA
Phone: 415.348.2011
Fax: 415.538.0806
Email: president@mynewplace.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISCLAIMERS AND LIMITATIONS

MyNewPlace intends that the information contained on our web site be accurate and reliable; however, errors sometimes occur. In addition, MyNewPlace may make changes and improvements to the information provided herein at any time. Accordingly, MyNewPlace does not guarantee the accuracy of any information available on this web site, and is not responsible for any errors, omissions, or misrepresentations. Any information including availability, features, floor plans and rent ranges are subject to change without prior notice and should be verified independently with the Property. All rentals are subject to prior lease.

THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." MYNEWPLACE AND/OR ITS SUPPLIERS AND PARTICIPATING PROPERTIES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF MYNEWPLACE SERVICES IS AT YOUR OWN RISK. MYNEWPLACE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ITS SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYNEWPLACE HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this web site, User agrees to indemnify and hold harmless MyNewPlace from and against any and all liabilities, expenses (including attorneys' fees) and damages arising from or out of claims resulting from your use of its services, including without limitation any claims alleging facts that if true would constitute a breach by User of this agreement.

ERRORS AND DELAYS

MyNewPlace is not responsible for any errors or delays caused by an inaccurate or incorrect e-mail address provided by User or other technical problems beyond our reasonable control.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEB SITE IMMEDIATELY.