4RENT4LEASE.COM TERMS OF SERVICE
1. Acceptance of Terms.
Welcome to 4rent4lease.com. By using this Web site, you agree to the following Terms of Service ("TOS"). 4rent4lease.com provides its service to you and all visitors and users of this Web site subject to the following Terms of Service ("TOS"), which may be changed, updated, or modified by us from time to time without notice to you and effective upon publication on this Web site. You can review the most current version of the TOS at any time by accessing “Terms of Service” at 4rent4lease.com. In addition, when using particular services, you shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. 4rent4lease.com, LLC, reserves the right to seek all remedies available by law or in equity for any such violation of these Terms of Service.
2. Eligibility of Services.
Our services are available only to individuals, companies, partnerships, corporations, and entities who or that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors without parental oversight. If you do not qualify, please do not use this Web site or our services, or both.
3. Description of Service.
4rent4lease.com provides users with access to on-line resources which may include, but are not limited to, advertising space for owners, landlords, brokers, property managers, and others who wish to rent or lease property (the "Service"). 4rent4lease.com does not provide brokerage services, nor does it engage or participate in lease transactions or negotiations. 4rent4lease.com does not render, provide, or garner legal or other professional advice and as such, 4rent4lease.com is not a fiduciary, nor does it owe any fiduciary duties to any user of this Web site or the Service.
Unless explicitly stated otherwise, any new features added to the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that 4rent4lease.com assumes no responsibility for typographical errors, the timeliness, deletion, mis-delivery or failure of the Service.
In order to use the Service, 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.
4. Your Registration Obligations.
In consideration of your use of the Service, if requested you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's 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 4rent4lease.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 4rent4lease.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. 4rent4lease.com Privacy Policy.
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please review the terms of our Privacy Policy.
6. Member Account, Password and Security.
You may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 4rent4lease.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 4rent4lease.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Member Conduct.
You understand that 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 whom such Content originated. This means that you, and not 4rent4lease.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. 4rent4lease.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will 4rent4lease.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree not to use the Service to (a) upload, post, email 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; (b) harm minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post, email 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); (f) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) upload, post, email 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 (such as shopping rooms) that are designated for such purpose; (h) upload, post, email 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) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (l) "stalk" or otherwise harass another; or (m) collect or store personal data about other users.
You acknowledge that 4rent4lease.com does not pre-screen Content, but that 4rent4lease.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, 4rent4lease.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that 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.
You acknowledge and agree that 4rent4lease.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 4rent4lease.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Indemnity.
You agree to indemnify and hold 4rent4lease.com, and its subsidiaries, affiliates, officers, contractors, 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 Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No Resale of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. General Practices Regarding Use.
You acknowledge that 4rent4lease.com may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on 4rent4lease.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that 4rent4lease.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that 4rent4lease.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that 4rent4lease.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Modifications to Service.
4rent4lease.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 4rent4lease.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Termination.
You agree that 4rent4lease.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if 4rent4lease.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. 4rent4lease.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that 4rent4lease.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 4rent4lease.com shall not be liable to you or any third-party for any termination of your access to the Service.
13. Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 4rent4lease.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. Links.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 4rent4lease.com has no control over such sites and resources, you acknowledge and agree that 4rent4lease.com is not responsible for the availability of such external 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 sites or resources. You further acknowledge and agree that 4rent4lease.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 site or resource.
15. 4rent4lease.com's Proprietary Rights.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 4rent4lease.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
4rent4lease.com grants you a personal, non-transferable and non-exclusive license to download, print, view, copy, email information provided by the Service so long as the purpose of said license is to rent or lease advertised properties and you are a potential renter. Said license does not give you any rights to any intellectual property (trademarks, patents, and copyrights) owned or used by 4rent4lease.com.
You agree not to access the Service by any means other than through the interface that is provided by 4rent4lease.com for use in accessing the Service. Said access shall not be by any spider, robot or other device to access any information provided by the Service without written permission from 4rent4lease.com, LLC.
16. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ICNLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBATINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. Notice.
Notices to you may be made via either email, regular mail, or the Service. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
20. General Information.
The TOS constitute the entire agreement between you and 4rent4lease.com and govern your use of the Service, superceding any prior agreements between you and 4rent4lease.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between us shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You further agree that any action brought by or against 4rent4lease.com, LLC, shall be brought in the federal or state courts in Charleston County, South Carolina and you consent to this venue, the jurisdiction of these courts, and the acceptance of the service of process therefrom. The failure of 4rent4lease.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The provisions of this Agreement are severable, and the invalidity of one or more of the provisions herein shall not have any effect upon the validity or enforceability of any other provision. The brief headings or titles preceding each provision hereof is for purposes of identification and convenience only and should be completely disregarded in construing this Agreement.
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