Last Modified: 11/16/14
We assume no responsibility for notifying you of any upgrades, fixes or enhancements to any software or for any compromise of data transmitted across computer networks or telecommunications facilities, including but not limited to the internet, which are not owned or operated by us. We assume no responsibility for the reliability or performance of any connections described herein.
- Making all other arrangements necessary for you to have access to the Services.
- Procuring and maintaining the network connections necessary to connect to the Services, including but not limited to browser software that supports protocol used by us, and for following the access procedures for services that support such protocols.
- Services by filling out a contact request or other request form on the Services, you authorize RHPros to provide your name and contact information and other identifying information you provide to the property manager you choose.
- Permissible Use.
- Unless you are a property management professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of property management professionals is limited to providing information to consumers via the Services. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
- Restrictions and Additional Terms.
- You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
- Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from RHPros. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
- Materials You Provide; Account Use; Privacy; Third Party Web Sites.
- For materials you post or otherwise provide to RHPros in connection with the Services (your “Submission”), you grant RHPros an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. RHPros will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. RHPros may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant RHPros the rights in this paragraph, that RHPros’s use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
- The Role of RHPros. RHPros does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
- Accessing the Services and Account Security
- We reserve the right to suspend or modify the Services from time to time without prior notice to you, except that we will give at least ten (10) day prior notice to you of any modification of the Services that would, in our sole discretion, adversely affect you. We may also modify any of our Fees, in or sole discretion, with at least ten (10) days’ notice to you. Notice to you may be provided in the form of an email or update to the Services in a noticeable location, such as on the home or login page.
- Scheduled downtime, which we will use commercially reasonable efforts to schedule as needed for routine maintenance;
- Service downtime or degradation due to a force majeure event (including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockage, national or regional emergency, strikes, labor stoppages or slowdowns, passage of law or any action taken by a governmental or public authority, or national or regional shortage of adequate power, utility or telecommunications service, including without limitation internet, wireless or network capabilities and payment or financial systems functionality); or
- Any other circumstances beyond our reasonable control, including your use or misuse of the Services.
Notwithstanding the foregoing, we do not guarantee that the Services will be available at all times, and we will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
DSL, cable, or another high-speed internet connection is required for proper transmission of the Services. You are responsible for:
- Intellectual Property Rights
- The Services, and all intellectual property rights therein and thereto, and the Service’s contents, features and functionality (including but not limited to all information, software, data, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or our licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- As between you and us, you are and will remain the sole and exclusive owner of all right, title and interest in and to all information, data and other content provided to us by you in connection with the Services (“Your Data”), subject to the following:
- You unconditionally and irrevocably assign to us all right, title and interest in and to all information, data and other content that is derived by or through the Services from processing Your Data.
- As between you and us, we are and will remain the sole and exclusive owner of all right, title and interest in and to the Company name and logo, the term “RentalHomePros,” and all related names, logos, product and service names, designs and slogans, each of which are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs and slogans used in connection with the Services are the trademarks of their respective owners. You must not use such marks without the prior written permission of us or the respective owner of such mark, and you must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
If the Services contains links to other sites, applications or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or applications linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications.
You may link to the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
- Geographic Restrictions
The owner of the Services is based in the United States. We provide the Services for use only by persons located in the United States. Access to the Services by persons located outside the United States is not permitted.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE, SERVICES OR APPLICATION LINKED TO IT.
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE SERVICES OR THE SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 3 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Electronic Communications and Electronic Signature; Notice
- You authorize us to accept your electronic signature as authentication of your access and use of the Services and consent to receive electronic communications from us in connection with your use of the Services. It is your responsibility to ensure your email address is up-to-date and able to receive correspondence from us. Withdrawal of your consent to receive electronic communications or to the use of your electronic signature may be communicated to us by email as specified below and will become effective no earlier than five (5) business days from such notice. If such consent is withdrawn, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of our materials you have made.
- Waiver and Severability