TERMS OF USE AGREEMENT
Please read this agreement ("Agreement") carefully
before accessing or using this web site ("Site"). By accessing or using the
Site, you agree to be bound by this Agreement.
RentalCity.net,
and its suppliers provide the information and services on this Site to you,
the user, conditioned on your acceptance without modification of the terms,
conditions and notices contained herein. Your use of these Sites
constitutes your agreement to all such terms, conditions and notices.
RentalCity.net
and its affiliates ("RentalCity.net")
reserve the right to modify these terms of use at any time.
The information and services offered on this Site are
provided with the understanding that neither
RentalCity.net,
nor its suppliers or users are engaged in rendering real estate, legal,
accounting, structural, environmental, or other professional services or
advice. If legal advice or other professional services or assistance is
required to assist a user of the Site in any way, they are hereby advised to
seek counsel from a competent professional with expertise in the field of
concern.
RentalCity.net
and its agents assume no responsibility for any consequence relating
directly or indirectly to any action or inaction that you take based on the
information, services or other material on this Site. While
RentalCity.net,
strives to keep the information on this Site accurate, complete and
up-to-date,
RentalCity.net,
and its suppliers cannot guarantee, and will not be responsible for any
damage or loss related to, the accuracy, completeness or timeliness of the
information.
RentalCity.net
allows you to post description and digital images of your real estate
property or listing(s) onto this Site (the "Service").
You understand that all materials, including but not
limited to description and images (the "Content") posted by you through the
Service is your sole responsibility. This means that you, and not
RentalCity.net,
are entirely responsible for all Content that you post, upload or otherwise
transmit via the Service.
RentalCity.net
does not pre-screen, review, or control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such
Content.
You agree to not use the Service to: (a) post, upload
or otherwise transmit any Content not related to your real estate listings,
including information that
RentalCity.net
may determine in its sole discretion is competitive with
RentalCity.net
web site; (b) post, upload or otherwise transmit any Content which is not an
accurate, truthful depiction of the real estate property to which it
relates, or that is otherwise misleading to consumers; (c) post, upload or
otherwise transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable; (d) post, upload or otherwise transmit any Content that you
do not have a right to post and transmit under any law or under contractual
relationships; (e) post, upload or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party; (f) post, upload or otherwise transmit any
materials that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment, or which
provides links to other web sites; or, (g) intentionally or unintentionally
violate any applicable local, provincial, national or international law, or
any regulations having the force of law.
By posting Content on this Site, you grant
RentalCity.net
a world-wide, royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content for the purposes of (1) displaying,
distributing and promoting your real estate listing(s) on
RentalCity.net's
Internet properties as well as other Internet websites chosen in sole
discretion of
RentalCity.net
for as long as you continue to be a registered
RentalCity.net
customer and until your registration is terminated, and (2) advertising and
promoting
RentalCity.net
and its services and products in
RentalCity.net's
promotional and advertising materials in perpetuity.
You acknowledge that while
RentalCity.net
does not pre-screen Content posted by you via the Service,
RentalCity.net
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any Content that is posted via the
Service. Without limiting the foregoing,
RentalCity.net
and its designees shall have the right to remove any Content that violates
these terms of use or it finds in its sole discretion is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content you post via the Service, including
any reliance on the accuracy, completeness, lawfulness, or usefulness of
such Content.
You agree that
RentalCity.net,
in its sole discretion, may terminate your use of the Service, and remove
and discard any Content posted via the Service, for any reason, including,
without limitation, if
RentalCity.net
believes that you have violated or acted inconsistently with the letter or
spirit of these terms of use.
You may access, download and print materials on this
Site for your personal, non-commercial, lawful use. Accordingly, you may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, frame in another Web page, use on any
other web site, transfer or sell any information, software, lists of users,
databases or other lists, products or services obtained from this Site. The
foregoing prohibition expressly includes, but is not limited to, the
practices of "screen scraping" or "database scraping" to obtain lists of
users or other information.
If and when requested by
RentalCity.net,
you agree to provide true, accurate and complete user information and to
refrain from impersonating or falsely representing your affiliation with any
person or entity. Except with the written permission of
RentalCity.net,
you agree to refrain from accessing or attempting to access password
protected, secure or non-public areas of this Site. Unauthorized individuals
attempting to access prohibited areas of this Site may be subject to
prosecution.
You acknowledge that: (i) This Site contains
information, communications, software, photos, video, graphics, music,
sounds, and other material and services (collectively "Content"); (ii) Such
Content is provided under license by
RentalCity.net,
its affiliates, its suppliers and other users; (iii) At minimum,
RentalCity.net
owns a copyright in the selection, coordination, arrangement, and
enhancement of such Content (as well as the organization and layout of the
Site); (iv) No reproduction, distribution, or transmission of the
copyrighted materials at this Site is permitted without the written
permission of
RentalCity.net;
(v)
RentalCity.net
permits access to Content that is protected by copyrights, trademarks, and
other intellectual and proprietary rights ("Rights"); (vi) These Rights are
valid and protected in all media and technologies existing now or later
developed; and (vii) Except as explicitly provided otherwise, this
Agreement, applicable copyright and other laws govern your use of Content.
Each user must evaluate, and bear the risk associated
with any reliance on the accuracy, completeness or usefulness of any
Content.
RentalCity.net
does not pre-screen Content as a matter of policy. Accordingly, you
acknowledge that neither
RentalCity.net
nor its affiliates shall assume or have any liability for any action or
inaction by
RentalCity.net
or its affiliates with respect to Content on, or Content changes within,
this Site. You also agree and accept that as new products become available
on or through this Site, your use of these products is subject to this
Agreement.
As a condition of your use of this Site, you warrant to
RentalCity.net,
that you will not use this Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. If you violate any
of these terms, your permission to use the Site automatically terminates.
You use this Site at your own risk. If your use of
this Site or the materials therein results in the need for servicing or
replacing property, material, equipment or data, neither
RentalCity.net,
nor its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
RentalCity.net,
ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THIS SITE AT ANY TIME.
ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND.
RentalCity.net
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RentalCity.net
MAKES NO WARRANTY THAT (i) THE SERVICE OR THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE OR THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR THE SOFTWARE WILL MEET YOUR
EXPECTATIONS AND NEEDS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
IN NO EVENT SHALL
RentalCity.net,
ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE
THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH
THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
RentalCity.net,
ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH JURISDICTIONS,
RentalCity.net's
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
RentalCity.net
DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED
THROUGH THIS SITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A
PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
You agree to indemnify, defend and hold harmless
RentalCity.net,
its affiliates and suppliers, its employees, contractors, officers,
directors from any liability, loss, claim and expense (including attorneys'
reasonable fees) that arise out of your posted Content, your use of this
Site, your violation of these terms of use, or your violation of any rights
of another.
This Site may contain hyperlinks to web sites operated by parties other than
RentalCity.net,
or its affiliates. Such hyperlinks are provided for your reference
only.
RentalCity.net,
does not control such web sites, and is not responsible for their contents.
Inclusion of hyperlinks by
RentalCity.net
to such web sites does not imply any endorsement of the material on such web
sites or any association with their operators, and you access and use such
sites, including information, material, products and services therein,
solely at your own risk. Furthermore, because the privacy policy you just
read is applicable only when you are on our Site, once linked to another web
site, you should read that site’s privacy policy before disclosing any
personal information.
RentalCity.net,
its affiliates and/or its suppliers may make improvements or changes in the
information, services, products, and other materials on this Site, or
terminate this Site, at any time without notice.
RentalCity.net,
may modify this Agreement at any time, and such modifications shall be
effective immediately upon posting of the modified Agreement. Accordingly,
you agree to review the Agreement periodically, and your continued access or
use of this Site shall be deemed your acceptance of the modified Agreement.
RentalCity.net
reserves the right at any time to modify or discontinue, temporarily or
permanently, this Site (or any part thereof) without notice. You agree that
RentalCity.net
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of this Site.
These terms of use constitute the entire agreement
between you and
RentalCity.net
with respect to the Service, and govern your use of the Service, superceding
any prior agreements related to the Service between you and
RentalCity.net
(including, but not limited to, any prior versions of these terms of use).
You may be subject to additional terms and conditions when you use affiliate
or other
RentalCity.net
services, third-party content or third-party software. This Agreement and
the resolution of any dispute related to this Agreement or this Site shall
be governed by and construed in accordance with the laws of Province of
Ontario, without giving effect to any principles of conflicts of law. You
and
RentalCity.net
agree to submit to the personal and exclusive jurisdiction of the courts
located within the City of Toronto, Ontario. Failure by
RentalCity.net,
or its affiliates to insist upon strict enforcement of any provision of this
Agreement shall not be construed as a waiver of any provision or right. If
any provision of these terms of use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and that the other provisions of these terms of use remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to the
use of the Service or the Software, or these terms of use must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
RentalCity.net
and other
RentalCity.net,
logos, product and service names are trademarks owned by licensed to
RentalCity.net,
or its affiliates (the "Marks"). Without the prior written permission
of
RentalCity.net,
or its appropriate affiliates, you agree not to display or use in any
manner, the Marks.
All other trademarks are the property of their
respective owners.
BETWEEN
User AND
RentalCity.net
TERMS OF USE
POSTING INFORMATION ONTO
RentalCity.net
WEB SITE
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
PROPRIETARY RIGHTS
NO UNLAWFUL OR PROHIBITED USE
LIABILITY DISCLAIMER
INDEMNIFICATION
LINKS TO THIRD PARTY SITES
CHANGES TO SITE
MISCELLANEOUS