Addisoncountyrentals.com Property Managers' Subscription Services Terms of Use
1. ACCEPTANCE OF TERMS
Addison County Real Estate and addisoncountyrentals.com provides the Subscription Services to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you; provided that, we will not alter Section 7 ("Content Submitted to Addisoncountyrentals.com Subscription Services") without prior notice to and acceptance by you. You can review the most current version of the TOU at any time at www.addisoncountyrentals.com.
2. DESCRIPTION OF SERVICES
Addisoncountyrentals.com Subscription Services currently provides rental property owners with access to a rich collection of online resources and communications services, including individual Web page hosting services for creating and maintaining your own online leasing office (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services resources, shall be subject to the TOU. To use the Services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Addison County Real Estate and addisoncountyrentals.com is not a party to, or obligated under, any transaction or rental agreement between you and any renter or prospective renter.
As part of the Services, Addison County Real Estate and addisoncountyrentals.com may make available a variety of content through the Site prepared by itself or third parties. This content is for informational purposes only and is not intended as tax, legal or investment advice.
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 Addison County Real Estate and addisoncountyrentals.comhas reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Addison County Real Estate and addisoncountyrentals.com 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).
You will pay all subscription, service and use fees associated with the Services ("Fees") by authorized check, credit card or electronic fund transfer on or before the due date specified in any invoice we send you. Alternatively, you may authorize Addison County Real Estate and addisoncountyrentals.com 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, in our sole discretion, upon notice to you, which notice may be given by posting any change in Fees in the Pricing Package area of the Addisoncountyrentals.com Web site (www.addisoncountyrentals.com) (the "Site"). Any change in Fees shall be effective thirty (30) days after we post the Change in Fees notice and shall affect Fees that are due in the calendar month that is immediately subsequent to the end of the thirty-day period. 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), if any, we incur in collecting overdue fees from you.
4. ADDISON COUNTY REAL ESTATE AND ADDISONCOUNTYRENTALS.COM INFORMATION DISCLOSURE AND PRIVACY POLICY
As part of the Services, we will make all of your property listings, showings, online leasing office content and all personally identifiable information related to such information available to third parties. In addition, we may disclose to third parties certain aggregate information contained in your Registration Data, your property listings or online leasing office content or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOU, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information, please see our full privacy policy at http://www.addisoncountyrentals.com/common/portal/docs/PrivacyPolicy.html.
5. PROPERTY MANAGER CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Addison County Real Estate and addisoncountyrentals.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services. Addison County Real Estate and addisoncountyrentals.com does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.
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 property or community features and terms. Your Content will not be inaccurate, misleading or inflammatory. Your Content will comply with Addison County Real Estate and addisoncountyrentals.com's Fair Housing Policy located at http://www.addisoncountyrentals.com/commonportal/docs/TermsConditions.html, and with all federal, state and local fair housing laws, regulations and ordinances. You will not mischaracterize the relationship between you and Addison County Real Estate and addisoncountyrentals.com or imply that Addison County Real Estate and addisoncountyrentals.com is a party to, or obligated under, any agreement between you and any third party.
You will not use the Services 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 Addison County Real Estate and addisoncountyrentals.com 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, "junk mail," "spam," "chain letters," "pyramid schemes," 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 content that requires membership or payment to access any or all of the content posted. This includes, but is not limited to, use of Services by fee-based services, rental locator services, or any other company that requires additional fees or obligations to access content or information;
(h) 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;
(i) 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;
(j) Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance;
(k) "Stalk" or otherwise harass another;
(l) Promote or provide instructional information about illegal or harmful activities;
(m) Use your online leasing office home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Addisoncountyrentals.com Subscription Services.
6. 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.
7. CONTENT SUBMITTED TO ADDISONCOUNTYRENTALS.COM SUBSCRIPTION SERVICES
Addison County Real Estate and addisoncountyrentals.com does not claim ownership of the Content you place on your online leasing office or that you otherwise submit through the Services. By submitting Content to Addisoncountyrentals.com for inclusion on your online leasing office or the Addisoncountyrentals.com Site, you grant Addison County Real Estate and addisoncountyrentals.com 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 online leasing office or rental property listings on Addison County Real Estate and addisoncountyrentals.com's Internet properties.
Addison County Real Estate and addisoncountyrentals.com does not pre-screen Content, but Addison County Real Estate and addisoncountyrentals.com 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, Addison County Real Estate and addisoncountyrentals.com and its designees shall have the right to remove any Content that violates the TOU 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.
8. INDEMNITY
You will indemnify, protect, defend and hold Addison County Real Estate and addisoncountyrentals.com, 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 the TOU, or your violation of any rights of another.
9. NO RESALE OF SERVICES
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
Addison County Real Estate and addisoncountyrentals.com may establish general practices and limits concerning use of the Services.
11. MODIFICATIONS TO SERVICES
Addison County Real Estate and addisoncountyrentals.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Addison County Real Estate and addisoncountyrentals.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
12. TERMINATION
You agree that Addison County Real Estate and addisoncountyrentals.com, in its sole discretion, may terminate your password, your access to Addisoncountyrentals.com Subscription Services Site, use of the Services or use of any other Addisoncountyrentals.com services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Addison County Real Estate and addisoncountyrentals.com believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Addison County Real Estate and addisoncountyrentals.com 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 TOU may be effected without prior notice, and acknowledge and agree that Addison County Real Estate and addisoncountyrentals.com may immediately deactivate or delete your online leasing office and all related information and files in your online leasing office and/or bar any further access to such files or the Services. Further, Addison County Real Estate and addisoncountyrentals.com shall not be liable to you or any third-party for any termination of your access to the Services.
13. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Addison County Real Estate and addisoncountyrentals.com has no control over such Web sites and resources, Addison County Real Estate and addisoncountyrentals.com 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 Addison County Real Estate and addisoncountyrentals.com 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.
14. 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. Addison County Real Estate and addisoncountyrentals.com 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.
15. ADDISON COUNTY REAL ESTATE AND ADDISONCOUNTYRENTALS.COM 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 Addison County Real Estate and addisoncountyrentals.com 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.
Addison County Real Estate and addisoncountyrentals.com 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 Addison County Real Estate and addisoncountyrentals.com for use in accessing the Services.
16. 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) Addison County Real Estate and addisoncountyrentals.com 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) Addison County Real Estate and addisoncountyrentals.com makes no warranty that:
1. The Services will meet your requirements, (ii)the Services will be uninterrupted, timely, secure (beyond any security guarantees of Verisign, our third-party SSL provider, which is extended to our Site users), 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;
(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 soley responsible for any damage to your computer system or loss of data that results from the download of any such material;
(f) No advice or information, whether oral or written, obtained by you from Addison County Real Estate and addisoncountyrentals.com or through or from the Services shall create any warranty not expressly stated in the TOU.
To the fullest extent permitted under applicable law, Addison County Real Estate and addisoncountyrentals.com disclaims any and all such warranties.
17. LIMITATION OF LIABILTY
Addison County Real Estate and addisoncountyrentals.com 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 Addison County Real Estate and addisoncountyrentals.com 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.
Further, Addison County Real Estate and addisoncountyrentals.com 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. Addison County Real Estate and addisoncountyrentals.com is not responsible for any damage to your computer, software,modem, telephone or other property resulting from your use of the Services.
You further agree that Addison County Real Estate and addisoncountyrentals.com 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. If you elect the Addisoncountyrentals.com rental payment service, we will accept rental payments from renters on your behalf and admit the proceeds (less any applicable fees) to you. However, Addison County Real Estate and addisoncountyrentals.com is not a collection agency and is not responsible for pursuing renters on your behalf for rental payments or any other obligation.
18. GENERAL RELEASE
Because Addison County Real Estate and addisoncountyrentals.com 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 Addison County Real Estate and addisoncountyrentals.com (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.
19. NOTICE
Notices to you may be made by e-mail or regular mail. Addisoncountyrentals.com may also provide notices of changes to the TOU, Services or other matters by displaying notices or links to notices to you generally on the Site.