This agreement (“Agreement”) is by and between eRENT, LLC (“eRENT”) and you, an individual ("you" or “your"), as a visitor to the website located at http://erent.com (the “Website”). This Agreement governs the terms and conditions of your usage of the Website. By accessing and browsing the Website, you accept and agree to be bound, without limitation or qualification, to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you may not access or use the Website or any materials on the Website.
eRENT reserves the right to modify this Agreement at any time. eRENT may, at any time, revise this Agreement by updating this posting. It is your responsibility to periodically check the Website for updates of this Agreement. You are bound by any such revisions and should therefore periodically visit this page. Your access or usage of the Website after any such revisions constitutes your acceptance of all such changes. If any modification is not acceptable to you, your sole remedy and recourse is to discontinue use of the Site.
The Website may contain inaccuracies or typographical errors. eRENT makes no representations about the accuracy, reliability, completeness, or timeliness of the content contained on the Website or produced by the Website and/or eRENT (the “Content”) or about the results to be obtained from using the Website. The use the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
eRENT DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ITEMS. IF USE OF THE WEBSITE OR THE CONTENT BY YOU RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, eRENT IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. eRENT AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. eRENT AND AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE CONTENT, SERVICES, OR SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED ON THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT eRENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN eRENT HAS 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 OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, IF ANY; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
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 MAY NOT APPLY TO YOU. IN SUCH EVENT, THE PROHIBITED EXCLUSIONS AND LIMITATIONS SHALL BE DEEMED SEVERED FROM THIS AGREEMENT AND THE REMAINING TERMS OF THIS AGREEMENT SHALL ENFORCEABLE AGAINST YOU AND eRENT TO THE FULLEST EXTENT OF THE LAWS OF YOUR JURISDICTION.
THE WEBSITE AND THE CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NO CONTENT INCLUDED ON THE WEBSITE IS INTENDED FOR TRADING OR INVESTING PURPOSES. eRENT SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED VIA THE WEBSITE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS BASED ON SUCH INFORMATION.
The Website has not been created to meet your specific individual and personal requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the Content and services, if any, available from and through the Website meet your individual requirements and is compatible with the your computer hardware and/or software.
Information, ideas and opinions expressed on the Website do not constitute, and should not be regarded as, professional advice or the official opinion of eRENT. You are encouraged to consult a professional before taking any course of action related to the Content, information, ideas or opinions expressed or posted on the Website. The Website is not licensed to provide any professional services, opinions or guidance.
Generally, any communication which you post to the Website is considered to be non-confidential and will be viewable by the public. If particular web pages permit the submission of communications to be treated by eRENT as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Website, you automatically grant eRENT a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
You (and each other user of the Website) are responsible for your own communications and are responsible for the consequences of your posting. You hereby explicitly agree not to do any of the following: (i) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) post material that reveals trade secrets, unless you own them or have the permission of the owner to post them; (iii) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post any material nonpublic information about any legal entity or business; (v) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of the Website (each a “User”)or any other person or entity; (vi) post a sexually-explicit image; (vii) post advertisements; (viii) post chain letters or pyramid schemes; or (ix) impersonate another person.
eRENT does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by you or other Users or endorse any opinions expressed by you or other Users. You acknowledge that any reliance on material posted by other users of the Website will be at your own risk.
eRENT does not screen communications in advance and is not responsible for screening or monitoring material posted by you or other Users. If notified by any User of a communication which allegedly do not conform to this Agreement, eRENT may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of the communication.
eRENT has no liability or responsibility to you or other Users for performance or nonperformance of such activities. eRENT reserves the right to expel you or other Users and prevent their further access to the Website for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
In consideration of your use of the Website, 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 truthful, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or eRENT has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, eRENT has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You will receive a password and account designation upon completing the registration process for the use of the Website. 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 eRENT 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. eRENT cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You acknowledge and agree that eRENT 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 this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of eRENT, the Users or the general public.
You understand that the technical processing and transmission of the Website, 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.
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.
You acknowledge that eRENT may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days Content will be retained by the Website, the maximum number of messages that may be sent from or received by an account on the Website, the maximum size of any message that may be sent from or received by an account on the Website, the maximum disk space that will be allotted on eRENT's servers on your behalf, and the maximum number of times and the maximum duration for which you may access the Website in a given period of time. You agree that eRENT 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 Website. You acknowledge that eRENT reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that eRENT reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
eRENT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice. You agree that eRENT shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. You agree that eRENT, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Website and remove and discard any Content within the Website for any reason. eRENT may also change the price for use of the Website, if any, with or without notice. Further, you agree that eRENT shall not be liable to you or any third party for any termination of your access to the Website.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including, but not limited to, 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 eRENT 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 Website.
You acknowledge and agree that the Website and any necessary software used in connection with the Website (the "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 Website or advertisers, if any, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by eRENT or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website or the Software, in whole or in part.
eRENT hereby grants you a license to view, copy, download and print the content of the Website, on the strict conditions that:
In the event of any breach of the terms, conditions or provisions of this Agreement:
Hyperlinks to the Website from any other source shall be directed to the home page of the Website. eRENT shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Website, if such content was accessed through a hyperlink not directed to the home page of the Website. Users that wish to link to content beyond the home page of the Website shall do so at their own risk and hereby undertake to indemnify eRENT against any loss, liability or damage that may result from content on the Website, if such content was accessed through a hyperlink not directed at the home page of the Website.
It is eRENT’s policy to comply with the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, eRENT shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.
If you believe that any Content infringes one or more of your copyrights, please immediately notify eRENT’s copyright agent (the “Copyright Agent”) by means of a mailed or faxed notice (“Infringement Notice”) providing the information described below to the address or fax number listed below. If eRENT takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to eRENT. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure that the Content infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following (see 17 U.S.C 512(c)(3) for further detail):
Infringement Notices should be sent to the following:
620 Newport Center Drive
Newport Beach, CA 92660
Attn: Copyright Agent
If you receive a notice from eRENT advising that we have received an Infringement Notice with respect to any of your Content, you may send us a counter notice to challenge the Infringement Notice. To be effective, the counter notice must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
You agree to defend, indemnify, and hold harmless eRENT, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fee, alleging or resulting from your use of the Website (including Software) or your breach of the terms of this Agreement. eRENT shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
eRENT shall take reasonable steps to secure the content of the Website and any information provided by, and collected from, you or other Users from unauthorized access and/or disclosure. Notwithstanding the foregoing, eRENT does not make any warranties or representations that the Content shall be entirely safe and secure and shall not be liable in this regard.
Users may not deliver or attempt to deliver, whether intentionally or negligently, any damaging code (e.g., computer viruses) to the Website or the server(s) and computer network(s) that support the Website. Any person who delivers any damaging code to the Website, whether intentionally or negligently, shall, without limitation, indemnify and hold eRENT harmless against any and all liability, damages and losses which eRENT, its officers, directors, employees, agents or any related parties (affiliates) may suffer as a result of such damaging code. This does not in any way limit eRENT's right to bring criminal action against such person(s).
This Website is not intended to be used by persons located outside of the United States of America.
eRENT is based in Newport Beach, California. eRENT makes no claims the Content is appropriate or may be downloaded outside of the United States of America. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California, one of the states of the United States of America, without respect to conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," software license or material on particular web pages of the Website, this Agreement constitutes the entire Agreement between you and eRENT with respect to your use of Website.
Any and all permissions or licenses granted in terms of this Agreement are provided on a non-transferable and non-exclusive basis and may be terminated or cancelled by eRENT at any time without prior notice or having to provide any reasons therefor to the User.