TERMS AND CONDITIONS OF USE OF RENTCONFIDENT.COM
Effective Date: June 1, 2015
- No Professional Advice or Relationship. The information contained in the Site, as well as any information ordered from or provided by the Company, is provided for informational purposes only, and should not be construed as legal, financial, tax, accounting or other advice from the Company or any provider of Content or User-Provided Content (as defined below). No users of the Site should act or refrain from acting on the basis of any content included in this Site, or otherwise ordered from or provided by the Company, without seeking appropriate professional advice. The Company expressly disclaims any and all liability in respect to actions taken or not taken based on the content of the Site or any information ordered from or provided by the Company. Please be aware that operation of the Site, and/or any direct or indirect communication with the Company through the Site, does not constitute or create any professional relationship between the Company (including its individual content providers) and any person or entity.
The Content (as defined below) is for informational purposes only. The Content is not intended to be a substitute for professional advice.
The Site and the Content are provided on an "as is" basis.
- Intellectual Property. All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example and without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by the Company, and/or the Company’s affiliated entities. You may use the Content solely for your personal, non-commercial use. If you operate a website and wish to link to the Site, you may do so upon written notice to the Company, provided you agree to immediately cease such link upon request from the Company. No other use is permitted without prior written permission of the Company. The permitted use described in this paragraph is contingent on your compliance at all times with this Agreement.
Though we may encourage you to share certain portions of the Content from the Site via approved methods enabled via the functionality of the Site (e.g., Twitter, Facebook, etc.), you otherwise may not, without the prior, written approval of the Company: (i) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, (ii) distribute any Content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content, or (iv) scrape or otherwise copy our Content without prior, written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in this Agreement should be directed to the email address listed in Section 11 below under the heading "Contact Us."
- Infringement Complaints. The Site respects the intellectual property of others. If you believe your rights have been infringed and/or are aware of any infringing material on the Site, please contact us at the email address listed in Section 11 below under the heading "Contact Us."
- User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, the Site (collectively, “User-Provided Content”), you represent and warrant that you, in consideration of being allowed to use the Site, and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge, irrevocably and unconditionally grant to the Company a non-exclusive, royalty-free, transferrable and sub-licensable license to edit and use the User-Provided Content for all commercial and non-commercial purposes throughout the universe in perpetuity in the Company’s sole discretion. You acknowledge and agree that all rights in this section are granted without the need for additional compensation of any sort to you and that you are waiving any claim against the Company, the Site, and the affiliates of the foregoing, arising directly or indirectly out of the User-Provided Content.
Without limiting the other provisions of this Agreement in any way, you represent, warrant, acknowledge and agree that: (i) the User-Provided Content that you supply is of your own creation and does not infringe the intellectual property or other rights of any third party, (ii) pursuant to the license granted in this Section, the Company shall have the unfettered right to use (for all commercial or non-commercial purposes) or modify the User-Provided Content and any portion of the Site; (iii) by submitting any User-Provided Content, you agree that such submission is non-confidential for all purposes; and (iv) the Company will, in its sole discretion, be constantly making changes to the Site by modifying, adding or eliminating features, functions and abilities.
- Transactions and e-Commerce on the Site; Passwords. During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. The Company cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that the Company is not responsible for such errors or discrepancies.
The Site has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform the Site if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. You grant the Company and the Site and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Neither the Company nor the Site assumes any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Site’s tools and services.
- Communications with Third Parties Through The Site. Your dealings or communications through the Site with any party other than the Company are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In certain cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. The Company is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
- General Disclaimer and Limitation of Liability. The Company makes no warranties or representations as to the accuracy of the Content, User-Provided Content, any information ordered from or provided by the Company, or otherwise, and assumes no liability or responsibility for any error or omission in same. The Company does not represent or warrant that use of any of the foregoing will not inadvertently infringe rights of third parties. The Company has no responsibility for actions of third parties or for content provided or posted by others.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT (INCLUDING, WITHOUT LIMITATION, USER-PROVIDED CONTENT AND ANY INFORMATION ORDERED FROM OR PROVIDED BY THE COMPANY) IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE COMPANY, THE SITE, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES OR INDIVIDUALS, NOR ANY OF THE PAST, PRESENT OR FUTURE EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY, THE SITE, AND THE AFFILIATES OF THE FOREGOING ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR THE SITE, INCLUDING THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS AND LICENSORS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY, THE SITE, OR THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
- Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND THE COMPANY’S AFFILIATED ENTITIES, INDIVIDUALS, PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) THE COMPANY OR THE SITE'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
- International Users. The Site is controlled, operated and administered from within the United States. The Company and the Site make no representation that materials, Content or User-Provided Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export any of its content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
- Miscellaneous: The Company and the Site reserve the right to change this Agreement at any time (upon reasonable notice of not less than ten business days) in its sole discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes.
The Company may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content or User-Provided Content at any time, without notice or liability. The Company may deny access to any person or user at any time for any reason. In addition, The Company may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company, the Site or any of their assets. This Agreement and the use of this Site shall be governed by and construed in accordance with the laws of the State of Illinois as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions. Any action to enforce this Agreement shall be brought exclusively in the state or federal courts in Chicago, Illinois and you hereby consent to the personal jurisdiction of same. You hereby agree that any cause of action you may have with respect to the Site must be filed within one hundred eighty (180) days of the date upon which the events giving rise to such claim were known or should have been known to you, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. Every provision of this Agreement is intended to be severable. In the event that any provision hereof is declared by a court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, such invalidity or unenforceability shall not affect the balance of the provisions hereof, which provisions shall remain binding and enforceable; provided, however, said invalid or unenforceable provision shall be deemed automatically replaced with a valid and enforceable provision having the maximum similar legal effect possible. Failure by the Company to insist upon strict and/or immediate adherence to any term of this Agreement on one or more occasions shall not be considered a waiver of the Company’s right to thereafter insist upon strict and immediate adherence to that term, or any other term of this Agreement, at any time. This Agreement and its benefits, obligations and other provisions is applicable to, binding upon, and shall inure to the benefit of you and the Company and any entity claiming through or on behalf of either party.
- Contact Us. To contact the Company:
PO Box 259576
Chicago, IL 60625
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