Terms and Conditions
(Last Revised on 9/1/2007)
AGREEMENT BETWEEN USER AND EasyRent2Ownhomes.com
The EasyRent2Ownhomes.com web site (the “Web site”) is offered
to interested home buyers and sellers as well as to agents and
brokers (each a “User” or “you”) and is conditioned upon your
acceptance without modification of the terms, conditions and
notices contained in these Terms & Conditions (“Terms &
Conditions”). As a User, your access and/or use of this Web site
constitutes your express agreement to all such terms, conditions
and notices. If you do not agree with these Terms & Conditions,
you are not authorized to use this Web site. Please periodically
link to and review these Terms & Conditions, because your
continued usage of this Web site indicates your agreement with
any revisions to these Terms & Conditions.
USER PROVIDED INFORMATION
By submitting your name, e-mail address, telephone number,
and/or any other information to EasyRent2Ownhomes.com through
the Web site, you hereby grant to EasyRent2Ownhomes.com a
royalty-free license to use and disclose this information in
accordance with EasyRent2Ownhomes.com’s Privacy Policy and these
Terms & Conditions. Please review EasyRent2Ownhomes.com’s
Privacy Policy before submitting any personally identifiable
information to EasyRent2Ownhomes.com. In using our services you
warrant, represent, and agree that: (i) you will provide
EasyRent2Ownhomes.com with truthful and accurate information and
will promptly inform EasyRent2Ownhomes.com of any required
updates to such information; (ii) you are of legal age (18 or
over in most states) and are otherwise capable of forming a
legally binding contract; and (iii) if you sign up with
EasyRent2Ownhomes.com as a potential buyer or seller, you
represent and warrant and agree that you are interested in being
contacted by real estate agents, brokers, lenders and mortgage
companies about real estate and loan services.
USER CONDUCT
You agree to abide by all applicable local, state, national, and
foreign laws, treatises, ordinances, and regulations in
connection with the use of the Web site and the
EasyRent2Ownhomes.com services. Without limiting the foregoing,
you agree not to use the Web site and/or EasyRent2Ownhomes.com
services to: (a) send unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (b) harvest, collect,
gather or assemble information or data regarding other users,
including e-mail addresses, without their consent; (c) transmit
through or post on the Web site or any email address obtained
through a service on the Website any unlawful, harassing,
libelous, harassing, tortious, defamatory, threatening, harmful,
abusive, invasive of another's privacy, vulgar, obscene, or
otherwise objectionable material of any kind or nature or which
is harmful to minors in any way; (d) interfere with or disrupt
servers or networks connected to the Web sites or violate the
regulations, policies, or procedures of such networks; (e)
attempt to gain unauthorized access to the Web site, other
accounts, computer systems, or networks connected to the Web
site, through password mining or any other means; or (f) harass
or interfere with another user's use and enjoyment of the Web
site. EasyRent2Ownhomes.com has no obligation to monitor the Web
site or any User's use thereof or retain the content of any user
session. However, EasyRent2Ownhomes.comreserves the right at all
times to monitor, review, retain and/or disclose any information
as necessary to satisfy any applicable law, regulation, legal
process, or governmental request. If EasyRent2Ownhomes.com
becomes aware, through a complaint or otherwise, of any
potential or suspected violation of these Terms & Conditions or
our Privacy Policy, EasyRent2Ownhomes.com may (but is not
obligated to) conduct an investigation to determine the nature
and extent of the suspected violation and the appropriate
enforcement action, during which investigation
EasyRent2Ownhomes.com may suspend services to any User being
investigated and/or remove any material from our servers You
agree to cooperate fully with any such investigation. You
acknowledge that violations of these Terms & Conditions or the
Privacy Policy could be subject to criminal or civil penalties.
PROPRIETARY RIGHTS; NO RESALE OF SERVICES
EasyRent2Ownhomes.com has invested a significant amount of time,
effort, and resources in the creation of this Website. The
content and services available through this Web site are the
sole property of EasyRent2Ownhomes.com or its licensors, and are
protected by U.S. and international patent, copyright, trademark
and other intellectual property laws. Except as otherwise
explicitly agreed in writing, EasyRent2Ownhomes.com-owned
content which you receive through this Website may be
downloaded, displayed, and printed for your individual use only.
Content owned by EasyRent2Ownhomes.com’s licensors may be
subject to additional restrictions. Except as provided in the
foregoing sentence, you agree not to resell, reproduce, modify,
display, transmit, distribute or copy goods, content, products,
services, or information obtained from EasyRent2Ownhomes.com.
You also agree not to exploit your membership or association
with EasyRent2Ownhomes.com for a commercial or advertising
purpose without the express written permission of a corporate
officer of EasyRent2Ownhomes.com.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to web sites operated by
parties other than EasyRent2Ownhomes.com. Such hyperlinks are
provided for your reference only. EasyRent2Ownhomes.com does not
control such third party web sites or their content, and cannot
guarantee, represent, or warrant that the content of these third
party web sites is accurate, legal, and/or inoffensive.
EasyRent2Ownhomes.com does not endorse the content of other web
sites, and cannot warrant that these web sites do not contain
viruses or other features that may adversely affect your
computer. By using the Web site to link to another third party
web site, you agree and understand that you may not make any
claim against EasyRent2Ownhomes.com for any damages or losses
resulting from your use of the Web site to link to a third party
web site.
DISCLAIMER OF WARRANTY
THE INFORMATION, SOFTWARE, PRODUCTS, PRICING AND SERVICES
PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. EasyRent2Ownhomes.com SHALL NOT BE HELD
ACCOUNTABLE FOR SUCH ERRORS. CHANGES ARE PERIODICALLY MADE TO
THE INFORMATION HEREIN. EasyRent2Ownhomes.com AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO
THIS WEB SITE AT ANY TIME. EXCEPT FOR THE LIMITED CONTACT
WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
EasyRent2Ownhomes.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO ALL
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY EasyRent2Ownhomes.com OR
ITS REPRESENTATIVE SHALL CREATE A WARRANTY AS IT IS INTENDED FOR
EDUCATIONAL PURPOSES ONLY. EXCEPT FOR THE LIMITED CONTACT
WARRANTY, YOU ACCEPT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE GOODS AND/OR SERVICES; SHOULD ANY GOODS OR
SERVICES PROVIDED HEREUNDER PROVE DEFECTIVE FOLLOWING THEIR
PURCHASE, YOU AND NOT EasyRent2Ownhomes.com ASSUME THE COSTS TO
CORRECT SUCH DEFECT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EasyRent2Ownhomes.com AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY PERSONAL INJURY SUSTAINED THROUGH YOUR USE OF
THIS WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES OBTAINED THROUGH THIS WEBSITE, OR THROUGH CONTACT WITH
THE CONSUMERS SET FORTH IN THE LEADS, OR OTHERWISE ARISING OUT
OF THE USE OF THIS WEBSITE. IN NO EVENT SHALL RELATE
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF INTERRUPTION
OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SERVICES,
LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR
INABILITY TO USE THIS WEBSITE, OR WITH ANY INFORMATION,
SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE, EVEN IF EasyRent2Ownhomes.com AND/OR ANY OF ITS
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO
EVENT WILL REQUEST RESULT’S AGGREGATE LIABILITY IN CONNECTION
WITH THIS WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR
SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT
OF THE USE OF THIS WEBSITE, EXCEED THE FEES ACTUALLY PAID TO
EasyRent2Ownhomes.com BY THE AGENT FOR THE LEADS IN THE THREE
MONTHS IMMEDIATELY PRIOR TO THE CAUSE OF ACTION GIVING RISE TO
SUCH DAMAGES. The foregoing limitations shall apply even if the
above stated remedy fails of its essential purpose. You
acknowledge that the limitations of liability in these Terms &
Conditions and the allocation of risk herein are an essential
element of the bargain between the parties, without which
EasyRent2Ownhomes.com would not have provided Services to the
consumer. EasyRent2Ownhomes.com’s pricing reflects this
allocation of risk and the limitation of liability specified
herein.
USER INDEMNITY
You agree to defend, indemnify, and hold harmless
EasyRent2Ownhomes.com and its affiliates, officers, directors,
employees, and consultants, from and against any and all claims,
losses, liabilities, and damages of any kind resulting from: (1)
your failure to comply with these Terms & Conditions; (2) your
use of the Website or any information disclosed therein; (3)
your negligence and/or intentional misconduct; (4) breach of any
representation, warranty or obligation hereunder and/or (4) any
authorized disclosure of Personal Information (including,
without limitation, your authorization that
EasyRent2Ownhomes.com disclose your personal information to real
estate agents).
TERMINATION OF SERVICES
EasyRent2Ownhomes.comreserves the right to remove any and all
information on the Web site and/or to cancel any and all
services provided on or through the Web site or provided to
anyone at any time. In addition, if EasyRent2Ownhomes.comhas
reason to believe you are in breach of these Terms & Conditions
or any other obligations owed to EasyRent2Ownhomes.com, then
without limiting any other remedies, EasyRent2Ownhomes.com may
issue a warning, temporarily suspend, indefinitely suspend, or
terminate your subscription and/or account and delete any other
information placed by you on the Web site at
EasyRent2Ownhomes.com's sole discretion.
ASSIGNMENT
You may not assign these Terms & Conditions, in whole or in
part, without EasyRent2Ownhomes.com’s prior written consent, and
any attempted assignment without such consent shall be null and
void. EasyRent2Ownhomes.com may assume and assign these Terms &
Conditions without your consent to a successor-in-interest in
connection with a change of control, merger, sale of all or
substantially all of its assets to which this Agreement relates
or other corporate reorganization. Subject to the foregoing,
these Terms & Conditions shall be binding upon and shall inure
to the benefit of the parties hereto and their respective
successors and permitted assigns.
GENERAL
These Terms & Conditions are governed by the laws of the State
of Florida, USA. You hereby consent to the exclusive
jurisdiction and venue of courts in Duval County, Florida, USA
in all disputes arising out of or relating to the use of this
Web site. Use of this Web site is unauthorized in any
jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and
EasyRent2Ownhomes.com as a result of these Terms & Conditions or
use of this Web site. EasyRent2Ownhomes.com's performance of its
obligations hereunder and/or any services offered on the Web
site is subject to existing laws and legal process, and nothing
contained in these Terms & Conditions is in derogation of
EasyRent2Ownhomes.com's right to comply with law enforcement
requests or requirements relating to your use of this Web site
or information provided to or gathered by EasyRent2Ownhomes.com
with respect to such use. If any part of these Terms &
Conditions is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of these
Terms & Conditions shall continue in effect. These Terms &
Conditions may not be amended by you. EasyRent2Ownhomes.com’s
waiver of any term, condition or notice contained within these
Terms & Conditions shall not be construed as a waiver of any
subsequent breach or failure of the same term or condition or a
waiver of any other term or condition or notice contained in
these Terms & Conditions. EasyRent2Ownhomes.com shall not be
responsible for any delay or failure in performance of its
obligations under these Terms & Conditions that is caused
directly or indirectly by events, occurrences, or causes beyond
its reasonable control. These Terms & Conditions constitute the
entire agreement between you and EasyRent2Ownhomes.com with
respect to this Web site and the services provided thereon and
it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the
user and EasyRent2Ownhomes.com with respect to this Web site
(including any prior versions of these Terms & Conditions). A
printed version of these Terms & Conditions and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms
& Conditions to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. Any rights not
expressly granted herein are reserved.
EasyRent2Ownhomes.com, © 2007
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