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The RentalProperties.com Web Site Software Usage Agreement

This Agreement sets forth the terms and conditions for usage of the TheRentalProperties.com web sites, and using the Software indicates that you have read and understand this Agreement and accept its terms and conditions. Do not use any of the sites or resources available until you have carefully read the following Agreement. The use by you of any services or content accessible through the Software may be subject to your acceptance of separate agreements with TheRentalProperties.com or third parties. This Agreement applies to the: (i) All TheRentalProperties.com web sites; versions of the Software and other branded or customized versions or tools unless otherwise agreed. The agreement immediately takes effect when the web site is purchased by the Customer.

TheRentalProperties.com are defined as all the web sites with which a web site it generated for the use of displaying a property for sale, lease or rent. The Web Site Agreement is included and any other programs or tools that subsequently may be licensed from TheRentalProperties.com by you, and any updates or maintenance releases thereto.


LICENSE AND CERTAIN RESTRICTIONS

Single-User License. One license is purchased for each web site set up and paid for. When you purchase a web site, you are granted a limited non-exclusive license to use the domain name web space provided by TheRentaProperties.com software. You may not copy the printed materials accompanying the Software, if any, or print multiple copies of any user documentation.

The TheRentalProperties.com Software in its entirety is protected by the copyright laws. The Software also contains TheRentalProperties.com trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disable any functionality which limits the use of the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell, or distribute the Software, or related materials or create derivative works based upon the Software or any part thereof. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact TheRentalProperties.com regarding transferring your license to the new company. You may not copy or modify the Software in whole or part, or use trade secret information contained in the Software.

TheRentalProperties.com may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products and services (.Feedback.). You agree that TheRentalProperties.com may, in its sole discretion, use the Feedback you provide to TheRentalProperties.com in any way, including in future modifications of the web sites, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant TheRentalProperties.com a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to TheRentalProperties.com in the Feedback.

Termination Policy. This Agreement may be terminated by TheRentalProperties.com immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the software, including all backup copies. This Software is subject to a discontinuation policy and TheRentalProperties.com reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software.

Return Policy. If you are not 100% satisfied with the created Web Site within 24 hours of web site final creation, TheRentalProperties.com entire liability and your exclusive remedy shall be either:

  • Refund the Money Pay or
  • Issue a credit to be used within 1 year or
  • Create another web site.

DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERENTALPROPERTIES.COM DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT.

THERENTALPROPERTIES.COM DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES INTUIT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO ONE (1) DAY FROM THE DATE OF PURCHASE OF WEBSITE CREATION. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

THIS PRODUCT AND ANY RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE WEB SPACE WITH THE UNDERSTANDING THAT THERENTAPROPERTIES.COM AND ITS REPRESENTATIVES (AS DEFINED BELOW) ARE NOT ENGAGED IN RENDERING LEGAL, ADVERTISING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. THERENTALPROPERTIES.COM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (.HIPAA.), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.

LIMITATION OF LIABILITY AND DAMAGES. THE ENTIRE LIABILITY OF THERENTALPROPERTIES.COM AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE , THERENTALPROPERTIES.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING REAL ESTATE INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THERENTALPROPERTIES.COM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THERENTALPROPERTIES.COM AND YOU. THERENTALPROPERTIES.COM WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

U.S. Government. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. THERENTALPROPERTIES.COM, PO BOX 2934 Grapevine, TX 76099.

Export Restrictions. You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations thereunder ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the Software nor any direct product thereof will be exported to [i] the following countries which are currently subject to U.S. trade embargoes: Cuba, Iran, Libya, North Korea, Sudan and Syria or [ii] persons or entities on the U.S. "Denied Persons List", "Specially Designated Nationals List" and "Entities List".

General Provisions. This Agreement sets forth TheRentalProperties.com's and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and TheRentalProperties.com with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.

This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and TheRentalProperties.com or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to TheRentalProperties.com and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by TheRentalProperties.com between you and TheRentalProperties.com or the applicable Representative(s).

This Agreement does not limit any rights that TheRentalProperties.com may have under trade secret, copyright, patent, trademark or other laws. The Representatives of TheRentalProperties.com are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on TheRentalProperties.com, other than in writing signed by an officer of TheRentalProperties.com. Accordingly, such additional statements are not binding on TheRentalProperties.com and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright patent and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Mountain View, California, and shall be construed as to its fair meaning and not strictly for or against either party.

Consumer Information and Privacy. For details about TheRentalProperties..com's privacy policies, please refer to the TheRentalProperties.com Privacy Statement, refer to TheRentalProperties.com. You agree to be bound by the applicable TheRentalProperties.com privacy policies.

Health Information and Privacy. If you intend to use the Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the Software, related services and content are not .HIPAA-ready. or .HIPAA-compliant. and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.

TheRentalProperties.com logo, the web site and programming among others, are registered trademarks and/or registered service marks of TheRentalProperties.com in the United States and other countries. Other parties' trademarks or service marks are the property of their respective owners and should be treated as such.

Copyright © 2006 TheRentalProperties.com. All rights reserved.
TheRentalProperties.com
P. O. Box 2934
Grapevine, TX 76099

 
 
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