|
americanrentals.biz Property Managers' Subscription Services Terms of Use
Welcome to americanrentals.biz Subscription Services for rental property mangers both private and professional. To help you understand some of the legal language used in this document, keep in mind that "americanrentals" "americanrentals.biz", "we," "us" and "our" all refer to americanrentals.biz. The terms "Property Manager", "you" and "your" are used to refer to the party who is entering into a contract with americanrentals.biz for the listing services.
1. ACCEPTANCE OF TERMS
americanrentals.biz provides the listing services to you, subject to the following terms of use, which may be updated by us from time to time without notice and by subscribing to our service you agree to the changes as a term of acceptance.
2. DESCRIPTION OF SERVICES
americanrentals.biz provides Internet listing services real estate portal to property managers and people or businesses looking for places to rent. americanrentals.biz will provide, via the World Wide Web, a password encrypted control panel to interface to our databasing management system which allows users to upload images and information to databases which are connected to the world wide web. americanrentals.biz will not provide individual access to the Internet or World Wide Web. You must have a computer and have Internet connection for business applications. Private owners without Internet capability may also put their properties on the Internet by contacting one of our representatives.
3. YOUR OBLIGATIONS
In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Services' registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or americanrentals.biz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, americanrentals.biz has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. All listing service fees associated with what we provide may be made by check or credit card. Alternatively, you may authorize americanrentals.biz to charge your credit card or bank checking account for the amount of any Fees you owe. We reserve the right to change the fees upon notice to you. The notice will be given by posting the change in fees in the price area of the americanrentals.biz Web site (www.americanrentals.biz). Any change in fees shall be effective with the notification of the change. You will also pay all federal, state and local taxes, if any levied now or in the future, that are applicable to your use or receipt of the services. You will pay all costs (including, but not limited to, attorneys' fees), in collecting overdue fees from you. An overdue account will be terminated of services 15 days after due date. Due date is the 15th of each month. The company or private person that uploads the listings will be responsible for the payments even if they can't collect from the owners of the property. The returned check fee is $25.00 plus bank charge and all your listings will be suspended within 24 hours without payment or repayment agreement.
5. americanrentals.biz INFORMATION DISCLOSURE AND PRIVACY POLICY
As part of the services, we will make all of your property listing information available to potential renters. We will not disclose any information other than what is on the site.
6. PROPERTY MANAGER CONDUCT
All photographs, graphics and text information are the sole responsibility of the person from which such information content originated. This means that you, and not americanrentals.biz, are entirely responsible for all content that you upload, post or otherwise transmit via the Services. americanrentals.biz does not control the content posted via the control panel and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the services, you will not upload any material that is offensive, indecent or objectionable. We reserve the right to immediately remove such content from the site and upon the sole discretion of americanrentals.biz, terminate services with the offender.
7. You will post content related solely to rental properties that you own or manage. You will keep all available property listings current and you will accurately describe all features and terms. Your content will not be inaccurate, misleading or inflammatory. Your content will comply with americanrentals.biz's Fair Housing Policy, and with all federal, state and local fair housing laws, regulations and ordinances. You will not mischaracterize the relationship between you and americanrentals.biz or imply that americanrentals.biz is a party to, or obligated under, any agreement between you and any third party.
8. YOU WILL NOT USE OUR SERVICE TO
(a) Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Impersonate any person or entity, including, but not limited to, a americanrentals.biz official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(d) Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas of the services that are designated for such purpose;
(g) Upload, post or otherwise transmit any material 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.
(h) Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance;
(j) "Stalk" or otherwise harass another user.
(k) Promote or provide instructional information about illegal or harmful activities;
(l) Use your public office home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond americanrentals.biz listing services.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. CONTENT SUBMITTED TO americanrentals.biz LISTING SERVICE
americanrentals.biz does not claim ownership of the content you place on the site. By submitting content to americanrentals.biz for inclusion on the americanrentals.biz site, you grant americanrentals.biz the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your rental property listings on americanrentals.biz's site.
11. americanrentals.biz does not pre-screen content, but americanrentals.biz and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the services. Without limiting the foregoing, americanrentals.biz and its designees shall have the right to remove any content that violates any law, ordinance or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
12. INDEMNITY
You will indemnify, protect, defend and hold americanrentals.biz, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of the services, your connection to the services, your violation of any rights of another.
13. NO RESALE OF SERVICES
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the americanrentals.biz's site or services.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
americanrentals.biz may establish general practices and limits concerning use of the Services.
15. MODIFICATIONS TO SERVICES
americanrentals.biz reserves the right at any time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that americanrentals.biz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
16. TERMINATION
You agree that americanrentals.biz, in its sole discretion, may terminate your password, your access to americanrentals.biz Subscription Services Site, use of the services or use of any other americanrentals.biz services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if americanrentals.biz believes that you have violated or acted inconsistently with the letter or spirit of the site. americanrentals.biz may also in its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice. Any termination of your access to the services under any provision of this may be effected without prior notice, and acknowledge and agree that americanrentals.biz may immediately deactivate or delete your contents and all related information and files and/or bar any further access to such files or the services. Further, americanrentals.biz shall not be liable to you or any third-party for any termination of your access to the Services.
17. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because americanrentals.biz has no control over such Web sites and resources, americanrentals.biz is not responsible for the availability of such external Web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that americanrentals.biz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site or resource.
18. FORMS
The services allow you to access forms ("Forms") prepared by third parties, such as state and local apartment or rental property associations. You are responsible for verifying the accuracy of the forms and determining whether the forms are appropriate for your intended use. americanrentals.biz has no responsibility for the forms and shall not be liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such forms.
19. americanrentals.biz PROPRIETARY RIGHTS
The Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, services marks, patents or other proprietary rights and laws. Except as expressly authorized by americanrentals.biz or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the services or the software, in whole or in part.
20. americanrentals.biz grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the services. You agree not to access the services by any means other than through the interface that is provided by americanrentals.biz for use in accessing the services.
21. DISCLAIMER OF WARRANTIES
(a) Your use of the services and content is at your sole risk;
(b) The services are provided on an "as is" and an "as available" basis;
(c) americanrentals.biz expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement;
d (d) americanrentals.biz makes no warranty that:
The services will meet your requirements, (ii)the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of the products, services, information, or other material purchased or obtained by you through the services will meet your expectations, (v) any errors in the software will be corrected, or (vi) that any third party will perform as promised;
22. (e) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
23. (f) No advice or information, whether oral or written, obtained by you from americanrentals.biz or through or from the services shall create any warranty not expressly stated in these terms.
24. To the fullest extent permitted under applicable law, americanrentals.biz disclaims any and all such warranties.
25. LIMITATION OF LIABILTY
americanrentals.biz shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages or loss of profits, goodwill, use, data, or other intangible losses (even if americanrentals.biz has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the services; or (v) any other matter relating to the services.
26. Further, americanrentals.biz shall not be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines; telephone or other interconnectivity problems; bugs, errors, configuration problems, or incompatibility of computer hardware or software; failure or unavailability of Internet access, problems with Internet service providers with intermediate computer or communications networks or facilities; problems with data transmission facilities of your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, acts of God, acts of war or labor disputes. americanrentals.biz is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the services.
27. You further agree that americanrentals.biz shall not be liable to you or any other third party for any information submitted to you by a renter or prospective renter or for the suitability of qualification of any renter or prospective renter
28. GENERAL RELEASE
Because americanrentals.biz is not involved in transactions between property managers and renters or any third parties, if a dispute arises between one or more Web site or Services users, each of you release americanrentals.biz (and its agents and employees) from 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.
29. NOTICE
Notices to you may be made by email or regular mail. americanrentals.biz may also provide notices of changes to services or other matters by displaying notices or links to notices to you generally on the site.
30. GENERAL INFORMATION
This constitutes the entire agreement between you and americanrentals.biz and govern your use of the services, superceding any prior agreements between you and americanrentals.biz. You also may be subject to additional terms and conditions that may apply when you use the americanrentals.biz third-party content or third-party software. The relationship between you and americanrentals.biz shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and americanrentals.biz agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cumberland, North Carolina. The failure of americanrentals.biz to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of the terms 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 the other provisions of the terms 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 use of the services or the terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the terms are for convenience only and have no legal or contractual effect.
|