Terms and Conditions of Use

Welcome to the Santa Monica Community College District (“College”) SMC Roommate Finder site (“Site”).  Participation is free but you must agree to the terms, conditions and disclaimers detailed below (“Terms”) in order to use the Site. 

A. Conduct of Users 

The College will not be able to review/monitor all listings and/or any comments contained therein but reserves the right to suspend any user from use of the Site and to remove, delete or edit any listing or content in any listing that it finds objectionable for any reason.  All listings will be removed from the Site after two weeks as a matter of course.

While using this Site, you will comply with all applicable federal, state, municipal and College laws, ordinances, rules and regulations. 

While using this Site, you will not: 

§         Post any content with libelous, defamatory, discriminatory, harmful, threatening, abusive, hateful, vulgar or otherwise unlawful or objectionable material. 

§         Post any content that disparages or is hateful toward any individual or group on the basis of race, color, national origin, sex, religion, sexual orientation, age or disability.

§         Post any content that will violate or infringe upon the rights of any third party.

§         Use the Site if you are not able to form legally binding contracts, are under the age of 18 or have been suspended from using the Site.

§         Accumulate information about other users, including without limitation email addresses, for purposes of sending unsolicited emails or other unsolicited communications. 

§         Contact anyone who has asked not to be contacted.

§         Post false, inaccurate, deceptive, unreliable or misleading content (including without limitation personal information misrepresenting your affiliation with a person or entity).

§         Post or make available any form of advertising or solicitation on the Site (including links to other sites) without the express written permission of the College. 

B.  DISCLAIMER OF WARRANTIES

The College cannot guarantee continuous or secure access to the Site and operation of the Site may be interfered with by many factors outside of our control.  The College does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results.  The Site and its contents are delivered on an “as is” and “as available” basis without warranty of any kind.  the College DISCLAIMS ALL warranties AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF merchantability, fitness for a particular purpose, TITLE AND NON-INFRINGEMENT.  The College disclaims any warranties for services or goods received through or advertised on the Site or access through any links on the Site.  The College disclaims any warranties for viruses or other harmful components accessed in connection with the Site.  The College disclaims any warranties for the security, reliability, timeliness, accuracy and performance of the Site. 

C.  LIMITATION OF LIABILITY/GENERAL DISCLAIMERS

The College cannot be held responsible for any events that transpire through your use of the Site and is not liable for any loss of money, goodwill, or reputation, or any special, indirect or consequential damages arising out of your use of the Site.  The College disclaims any and all liability for the acts, omissions and conduct of any users or third parties in connection with or related to your use of the Site.  You assume total responsibility for your use of the Site.  It is your sole responsibility to determine the character and acceptability of any prospective roommate.  Your sole remedy for dissatisfaction with the Site, its features or any content, is to stop using the Site or any such content and features.  STUDENT ACCOUNTS ARE NOT VERIFIED TO ENSURE THAT THE ACCOUNT HOLDERS ARE INDEED STUDENTS IN THE INSTITUTIONS THEY CLAIM.  AS SUCH, THE COLLEGE DOES NOT REPRESENT THAT STUDENT ACCOUNTS ARE OWNED BY STUDENTS.  YOU ASSUME TOTAL RESPONSIBILITY FOR ALL TRANSACTIONS PERFORMED WITH OR BETWEEN INDIVIDUALS CLAIMING TO BE STUDENTS.  YOU ASSUME TOTAL RESPONSIBILITY FOR RELIANCE ON ANY INFORMATION PROVIDED BY USERS, INCLUDING INFORMATION ABOUT THEM.  In no event will the College be liable for any claims, demands or damages (actual or consequential) of any kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, indirect, exemplary, incidental, special or punitive, arising out of, or in any way related to, the use of the Site or with the delay or inability to use the Site, or for any information, software, products or services obtained through the Site.  You agree to waive California Civil Code Section 1542, which provides:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know by him, must have materially affected his settlement with the debtor.”  You acknowledge that the College may establish limits concerning the use of the Site, including but not limited to, the maximum number of days that posted content will be retained, the maximum number of postings and listings.

D.  INDEMNITY

You agree to indemnify and hold the College and its Governing Board, employees and agents, harmless from any claim or demand, including reasonable attorneys fees, made by any third party caused by or arising out of your violation of the Terms or your violation of any law or the rights of a third party.

E.  MISCELLANEOUS

The Terms are governed by the laws of the State of California.  You consent to the exclusive jurisdiction and venue of courts located in Los Angeles County, California for all disputes arising out of or in any way relating to the use of this Site.  These Terms set forth the entire understanding between you and the College and supersede all previous or contemporaneous agreements, arrangements, understandings or commitments.  The Terms on this Site may be changed at any time by the College in its sole discretion.  No other agreements, arrangements, understandings or commitments are binding against the College unless contained in a writing signed by an authorized representative of the College.  The College’s failure to enforce the Terms will not be construed as a waiver of any provision or any right it has to enforce the Terms.  The College’s failure to act with respect to a breach by you or others does not waive its right to act with respect to similar or subsequent breaches.