The Digs sites, including KilleenDigs.com, TempleDigs.com, WacoDigs.com, and BearCribs.com are operated by Local Digs LLC. (including its subsidiaries and aﬃliates, collectively “we”, “us”, “our”, or “Digs”).
(last updated February 26, 2015)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
AUTHORIZATION TO USE ANY OF THE SERVICES (AS DEFINED HEREIN).
The Services include the Site and its responsive mobile device version. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an oﬀer or promise to sell a speciﬁc product for a speciﬁc price or that any advertiser will sell any product or service for any purpose or price or on any speciﬁc terms. Digs does not guarantee the price, terms, product, availability and/or services oﬀered by any advertiser. For all of the Services, Digs is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you release Digs from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(1) Intellectual Property Rights. The Service is proprietary to Digs and is protected by intellectual property laws and international intellectual property treaties. "Digs" and our logos are either trademarks, service marks or registered trademarks of Local Digs LLC or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "Digs", or any other name, trademark, or product name of Digs without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Digs, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Digs’ names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. The entire contents of Site (the “Content”) are copyrighted as a collective work under the laws of United States and other copyright laws. Digs holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to speciﬁc material, download portions of the Content from the different areas of Site solely for your own non- commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Site. You may not use any Digs logo or any other proprietary graphic or trademark without Digs’ express written permission. As between the parties, title, ownership rights, and intellectual property rights in and to the Material (as deﬁned below), and any copies or portions thereof, shall remain in Digs and/or its content providers.
a. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
b. market, sell or make commercial use of the Site, Content, or any Materials;
c. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
d. make derivative uses of the Site, Content, or the Materials; or
e. use, frame or utilize framing techniques to enclose any portion of the Site, Content (including the images found at this Site, or any text or the layout/ design of any page or form contained on a page).
Digs does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results. Digs uses these images and descriptions solely as necessary to generate search results as a navigational tool to connect you to the listing’s contact person via phone calls or messages sent through the Digs Site, or to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Digs does assert copyright and reserves all right to the search results and associated compilations.
(3) Validity of Content. Digs does not make any representation that content (including but not limited to prices, special offers or discounts, addresses, phone numbers, floorplan configurations, or photographs) on the Sites is accurate, timely, available, or valid. In addition, all rental prices, rates, and advertised offers are subject to change at any time and without notice. Rental property agents may not be held liable for inaccurate or outdated information found on Digs Sites.
(4) Equal Housing Opportunity. Property owners and managers are subject to the federal Fair Housing Act, which prohibits "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."
Digs supports Equal Housing Opportunity and we encourage users of the Sites to follow appropriate guidelines to comply with the Fair Housing Act as well as any applicable state and local regulations. All renters are hereby informed that all property rental offers are available on an equal opportunity basis.
(5) Renter's Rights. As someone seeking to rent an apartment, home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
(1) Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Digs, its service providers, suppliers, clients or any other user.
(2) Personal Use. You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf.
(3) Calls. The Services may provide phone numbers that can connect you with third parties, such as landlords, property management companies, real estate agents, mortgage brokers, and other service providers.
You are solely responsible for any textual, video and/or photographic content (collectively, “User Content”) and other material that you submit, publish, display or link to on the Site, or send to other Digs users. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any User Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is in violation of any Federal, State or local Fair Housing Laws. You will at all times adhere to the guideline that all submitted content you believe to be true. In addition, you agree to not purposely provide false or misleading information on the Service.
For speciﬁc advice on legal, ﬁnancial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant Digs all of the license rights granted herein. Any User Content that you submit to Digs may be redistributed through the Internet and other media channels, and may be viewed by the general public.
You understand that Digs occasionally monitors but does not control User Content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Digs does not control the User Content posted via the Service, Digs does not guarantee the accuracy, integrity or quality of such User Content. You acknowledge that by using the Service, you may be exposed to User Content of other Digs users that is oﬀensive, indecent or objectionable. Under no circumstances will Digs be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service. Should User Content be found or reported in violation with, but not limited to, the following terms, it will be Digs’ sole discretion as to what action should be taken, including suspension and/or termination of your account.
Digs does not broker real estate transactions. Digs does not act as a real estate agent for you or any other user. For speciﬁc advice on real estate matters, you should always seek the advice of a licensed real estate agent or broker. Digs does not hold itself out as being licensed to perform any such services, including but not limited to real estate brokerage, valuation, legal, ﬁnancial, or accounting services, and expressly disclaims any legal capacity or licensure to do so. Digs does not assume any liability or responsibility for the services of its Clients or any of their agents. Because the information available to you is provided by other content providers, Digs cannot assume any responsibility or liability for the timeliness, completeness, or accuracy of any of the real estate content provided to you through the Site or the Service. Furthermore, you understand and agree that Digs has not entered into any form of ﬁduciary or brokerage relationship with you solely by your use of the Site or the Services, or accessing the materials available on the Site.
You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Digs may undertake from time to time; or (iii) causes beyond the control of Digs or which are not reasonably foreseeable by Digs.
Digs reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the oﬀering of any information, good, content, product or service with or without notice. Digs shall not be liable to you or any third party should Digs exercise its right to modify or discontinue the Service or part of it.
The Services contain links to third-party Web sites. These third-party sites are not under the control of Digs. We are providing these links to you only as a convenience, and the inclusion of any link does not imply aﬃliation, endorsement, or adoption by us of the Site or any information contained therein. Digs is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
YOU AGREE THAT NEITHER DIGS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF SITE OR THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DIGS SHALL NOT BE LIABLE FOR USER CONTENT AND SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST DIGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF DIGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF SITE OR THE SERVICE.
IN NO EVENT SHALL DIGS, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Site is controlled and oﬀered by Digs from its facilities in the United States of America. Digs makes no representations that the Site or Services are appropriate or available for use in other locations. Those who access or use the Site or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Digs is not a publisher of content supplied by third parties and users of the Site. Accordingly, Digs 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 and users, are those of the respective author(s) or distributor(s) and not Digs. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. Digs does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party.
You agree to defend, indemnify, and hold Digs, its oﬃcers, directors, employees, agents, and suppliers harmless from and against any losses, damages, costs, and expenses, including attorneys fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon your use of the Site, the Services, or display of the materials.
The term of this Agreement shall commence on the date you access the Site shall terminate as set forth herein. Either you or Digs may terminate your right to use Site at any time, with or without cause, with or without notice. The sections regarding Intellectual Property Rights, Restrictions and Additional Terms, User Submitted Content, Accessibility, No Warranties, Indemniﬁcation, Waiver and Release, Limitation of Liability, Disclaimer of Responsibility for Third Party Content, Term and Termination, Choice of Law, Waiver and Claims, and Arbitration and Injunctive Relief shall survive any termination of this Agreement.
(last updated February 26, 2015)
We log your IP address in order to help diagnose problems with our server, administer our Site and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access our site through an always-on type of Internet connection (e.g., cable modem or DSL), or through a dial-up connection (e.g., AOL or Earthlink). Either way, it would be extremely diﬃcult for us to identify you through your IP address, and we make no attempt to do so. If you reached our Site by clicking on a link or advertisement on another site, then we also log that information. This helps us maximize our Internet exposure, and understand our users' interests. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not individual reports that identify you personally.
We also give you the option to give us your email address and other information so we can send notiﬁcations of rental listings to your email account, store listings you choose to save on our site, log your search activity to display to you which listings you’ve viewed previously, and also to connect your account activity between the Site and mobile app, if applicable.
Through the Site, you may choose to contact landlords or listing agents directly. If you do this, you will be asked to include your email address or, if you are an account holder, we will include your email address, First Name, and Last Name in your emails. You may choose to attach additional Personal Information to emails you send through the Site. This information will not be attached by default; instead you will always be given the option to opt-in to including this information.
We use the information we collect to help you:
Digs does not rent or sell Personal Information or Credit Information about you with other people or non-aﬃliated companies, except when we have your consent to do so, as necessary to complete a transaction you have requested, for marketing purposes (unless you have chosen not to receive such communications, in certain business transactions), when required by law, or when permitted to protect our rights or property. We reserve the right to use in any manner and disclose any non-personal information that we collect including cookie and traﬃc data. We do not combine Personal Information with any of the non-personal information gathered on our Site.
We may release Personal Information when we believe release is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property, or to protect our user from fraudulent, abusive, or unlawful use of, our site or services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justiﬁes disclosure of records without delay.
We may use third party service providers to assist us with the administration of the Site, or otherwise perform services on our behalf, including transaction processing and sending email. Such third parties may be supplied with or have access to certain portions or all of your Personal Information solely to provide services to us or on our behalf.
Information about our users and the Site are business assets of Digs. Therefore, information about our users, including Personal Information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the site, our services or fulﬁll products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as one of the business assets of the company.
The Site contains links to other sites that are not owned or controlled by Digs. Please be aware that Digs is not responsible for the privacy practices of other sites. Please check the privacy policies of each third party site to learn about them.
You may access, modify, or delete your Credit Information, as applicable, and/or Personal Information from our Site or by deleting your account on our Site.
We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.
If you have any questions, please contact us by email or standard mail.
Local Digs LLC, a Texas limited liability company
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