Terms and Conditions
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS
1. WEB SITE LICENSE
As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and content in accordance with these Terms and conditions of Use. Provider may terminate this license at any time for any reason.
Rental Ventures, Inc. ("RVI," "we," "our" or "us"), provides the Rental Ventures World Wide Web Sites (the "Site," located at http://www.encinitasrent.com), together with the advertising and content on the Site and any related services (collectively, the "Services"), subject to your compliance with the terms and conditions set forth in this agreement ("Agreement"). By using the Site or the Services, you agree to be bound by these terms and conditions, and any other agreement you are required to enter into with RVI in conjunction with your participation in the Site. If you do not agree to these terms and conditions, please do not use the Site or the Services. This Agreement is made between RVI and you, as a registered member or visitor ("you"). The words "you" or "your" shall also mean heirs, executors, administrators, successors and legal representatives. We reserve the right at any time to impose or change any fees or charges for use of the Site or Services, change the Site or the Services, including eliminating or discontinuing any content on or feature of any Site or change the terms of this Agreement. Any changes we make will be effective immediately on notice, which we may give by posting the revised Agreement on the Site. Your use of the Services after such notice will be deemed acceptance of such changes.
3. USE OF SITE
While using the Site and/or Services, you agree to comply with all applicable federal, state and other laws, rules and regulations. We have no obligation to monitor the Site or any materials that you transmit to the Site (including, without limitation, any submission or other material). However, you acknowledge and agree that we have the right to monitor the Site and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Site properly, to protect RVI, the Site, the Services, our sponsors, partners, affiliates, and our members and visitors; and to comply with any legal obligations, regulations, or governmental requests. RVI may condition your right to participate on the Site or in the Services on your furnishing to RVI and keeping updated at all times, such personal identifying information as RVI may require.
4. RULES OF CONDUCT
While using the Site or the Services, you agree not to:
- Restrict or inhibit any other visitor or member from using the Site or the Services;
- Post or communicate pornographic material on the Site;
- Transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, hateful, fraudulent, discriminatory, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;
- Transmit any information, software, or other material that contains a virus, worm, time bomb or other harmful or disruptive component;
- Post or transmit chain letters or pyramid marketing schemes;
- Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Services, or the software underlying either of them, or modify any materials downloaded from the Site;
- Modify, copy, or tamper with any listing or any other content that you may access through the Site, or use any content that you might access through the Site or the Services for any reason other than contacting property managers, roommates or associated services listed on the Site and collect, harvest or disclose information about other Site visitors or members without their consent;
- Do any act which interferes with or slows the operation of the Site or the Services;
- Use any application or other device or process to retrieve, index or reproduce or circumvent the navigational structure or presentation of the Site, the Services or their contents;
- Utilize information on the site for any fraudulent or criminal purpose; and
- Use the Site or Services for any unlawful purpose.
5. SUBMISSIONS, LISTINGS, and USE of CONTENT
You agree to list only properties legally owned and managed by you and/or your property management firm. You are solely responsible for the accuracy of listings regardless of who enters the information on the website. All listings will remain saved in your account and may be deactivated or deleted from the website or your account at the sole discretion of RVI. You agree and understand that if the site provides any free service to you presently, RVI reserves the right to charge a subscription rate for the use of the site in the future. If you are a service which exports listings that is “shared content” on other websites and you do not legally own or manage the listings you are placing on http://www.encinitasrent.com you will be charged a $250.00 advertising and content utilization fee per infraction. An infraction is defined as "each" individual listing that is illegally advertised on http://www.encinitasrent.com without first obtaining our written consent. Furthermore, you understand that in the future, RVI may solicit you for subscription to the site and search engine. All information regarding the pricing structure for our services may be found on the site http://www.encinitasrent.com.
You are charged with keeping all listings you advertise on the site updated with the most current information, including rent, availability status, availability date, terms of lease, and actual amenities included with the property. If you have rented your property then it is up to you to “deactivate” the listing.
All photographs included on each listing must be current photographs or images of the listed property itself, representing fairly the current state of the property.
You agree not to enter any phone numbers, website addresses, company or individual names, or email addresses in the headline, address, or description fields of any listing.
You agree not to enter any websites or email addresses in your company name, first or last name, phone number or phone comments fields.
You agree to enter only working phone numbers and comments specific to tenants contacting you via phone in the phone and phone comments field.
Additionally, the Headline field should be specific to the property, should highlight unique features about that rental unit, and should not contain a company or individual name, website, or contact information.
If you choose to display the address of the property listed in the Address field, it should be the actual physical address of the property, not the address of the management company, landlord, or some nearby location.
First, Last and company Name fields should only list the name of the individual or company authorized to show property and/or sign leases on behalf of the owner(s) of the associated property, and should only list a company name if that name is a legal business entity contractually involved in the management of said unit.
The number entered in the Rent field should reflect the actual monetary rate that the property manager / owner of the listed property also intends to offer a qualified tenant as the rent amount per specified length of time in a legally binding lease contract with said tenant.
RVI maintains the right to remove contact information or delete, remove, edit, or otherwise deactivate listings which do not meet these criteria.
Contact information is limited to contact fields in your account profile. You have control over what information is displayed on your listing through the edit profile section.
RVI reserves the right to delete and/or de-activate any account where the user has violated the "Terms and Conditions" as stated herein. Membership fees will NOT be refunded for users who violate the RVI "Terms and Conditions".
RVI Reserves the right to regulate or terminate the spidering, indexing, copying, downloading, storing, scanning of or any other form of human or automated access to any and all content or code on RVI websites and servers. Companies or individuals seeking to engage in such automated activity related to any RVI website or server must contact RVI to obtain written permission.
Any and All content on an RVI site is solely owned by RVI for the intended purpose of advertising rental properties on RVI licensed websites. If any third party imports or exports, indexes, downloads, spiders, or utilizes any of our listing information or other content in any way, including the posting of such information on a website not owned and operated by RVI, without prior written permission, the third party will be charged a $250.00 advertising and content utilization fee per infraction. An infraction is defined as "each" individual listing that is illegally advertised on an authorized third party website.
6. PROPRIETARY RIGHTS
The Site and the Services are owned and operated by RVI and others pursuant to contractual arrangements. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws protect all content and materials available on the Site and in the Services. The following trademarks: Rental Ventures Inc., and all associated logos, graphics, images and domain names, including, without limitation, http://www.encinitasrent.com, are the trade names, trademarks, service marks, logos, and/or domain names of RVI. You agree that you will not challenge the respective ownership rights of RVI or any third party in or to the RVI Marks or any third party marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the RVI Marks or third party marks contained on the Site or in the Services.
Rental Ventures, Inc. reserves the right, in its sole discretion, to terminate your access to all or part of the Site or the Services, at any time, with or without notice. Membership fees will NOT be refunded for users who violate the RVI "Terms and Conditions".
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RVI PROVIDES NO ASSISTANCE INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL OR CUSTOMER SUPPORT.
RVI MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR SYSTEM'S REQUIREMENTS, OR THAT THE SITE OR THE SERVICES (OR THE SERVERS THAT MAKE THEM AVAILABLE) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE OF HARMFUL COMPONENTS; NOR DOES RVI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED.
RVI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES 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 SUCH MATERIAL AND/OR DATA.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RVI DISCLAIMS ANY WARRANTY FOR CONTENT ON THE SITE OR THAT THE SERVICES ARE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR READER, OR THAT SUCH MATERIAL IS FREE OF OFFENSIVE, INDECENT, OBSCENE, DISCRIMINATORY, DEFAMATORY OR OTHER POTENTIALLY INAPPROPRIATE ELEMENTS. YOU ACKNOWLEDGE THAT WE DO NOT AND CANNOT REVIEW AND MONITOR CONTENT ON THE SITE OR IN THE SERVICES ON A REGULAR BASIS, AND YOU HEREBY AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM OUR PUBLICATION OR YOUR VIEWING OR READING OF, EXPOSURE TO, OR ACCESS TO ANY POSTING OF CONTENT ON THE SITE OR THE SERVICES.
THE SITE AND SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES. THOSE THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF RVI AND RVI IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITE. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITE, THEN YOU DO SO AT YOUR OWN RISK. THE INCLUSION OF THE LINK DOES NOT IMPLY THAT WE ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES.
RVI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR BY WAY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RVI OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RVI, ITS LICENSEES, SUCCESSORS, ASSIGNS, RELATED OR AFFILIATED ENTITIES, ADVERTISERS, SPONSORS, PROVIDERS, CONTRACTORS, CONSULTANTS OR PROFESSIONAL ADVISORS OR THE PARENT, SUBSIDIARY OR AFFILIATED COMPANIES OF EACH OF THEM AND ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS (THE "RVI PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST OPPORTUNITY THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RVI PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.
You shall be fully responsible for any violation of this Agreement or of any other agreement between you and RVI. You agree to defend, indemnify, and hold harmless the RVI Parties from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Site or the Services. RVI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with RVI in asserting any available defenses.
11. GOVERNING LAW
This Agreement and any other agreement between you and RVI shall be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, excluding its conflicts of law rules. In the event of any dispute arising out of or in connection with your use of the Site or the Services, such dispute shall first be submitted to the Dispute Settlement Center in Carrboro, North Carolina and if the dispute is not settled it shall be submitted to arbitration in the County of Orange, State of North Carolina, United States of America in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of North Carolina, United States of America or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Agreement, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any other agreements you may enter into with RVI, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this Agreement or any other agreement between you and RVI, your sole and exclusive remedy shall be to seek damages pursuant to arbitration authorized herein, and in no event will you be entitled to seek rescission, or injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not use the Site or the Services.
12. SEVERABILITY AND INTEGRATION
This Agreement and any other agreement between you and RVI, constitutes the entire agreement between you and RVI with respect to the Site and the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and RVI with respect to the Site and the Services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This Agreement is not assignable or otherwise transferable by you, and any such transfer, assignment or sublicense shall be null and void. No agency, partnership, joint venture or employment relationship between you and RVI is intended or created by this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your registration with RVI. If such email address does not function, RVI will have no obligation to send you notifications or other communications by other means, notwithstanding that other contact information for you may be available to us.
Your electronic consent to this Agreement (or to any other agreement between you and RVI), whether by clicking "I AGREE" or similar buttons provided in conjunction with any such agreement, your submission of any agreement with your initials and/or name entered into a box provided for that purpose together with the agreement, and/or your registration to use the Site or the Services governed by this Agreement, shall constitute your electronic signature and, according to the provisions of federal law (including, without limitation, copyright law), shall be of the same effect as if you had signed such agreement manually. Your access and use of the Site or the Services also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you are unsatisfied with the service at any time, please email our office at firstname.lastname@example.org or call 919-360-2027 to discuss. If a refund is given, it will be processed in the same manner in which is was received.