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Terms and Conditions of Use
Terms & Conditions
StartRenting.com Advertisers’ Terms of Use (“TOU”) Acceptance of the terms and conditions of TOU Your ability to access and view the pages of the website (“Site”) for StartRenting.com (“Service Provider”), and to use any service or purchase any good offered therein, is contingent upon Your agreement to be bound by the terms and conditions (“Terms”) set forth below, which form a binding, legal contract between You and Service Provider. CONTINUED USE OF THIS SITE BY YOU AFFIRMS YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM BELOW, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. “You” or “Yourself” means the person or entity using the Site. Service Provider may change the Terms, content and/or goods/services offered on this Site at any time and at Service Provider’s sole discretion by posting the change on the Site. As a courtesy, Service Provider may, but is not required to, post a notice of the change on the Site and/or send an e-mail notice of the change to You. You agree to keep apprised of any such changes to the Terms, content and/or goods/services offered on this Site. Any such change is effective as soon as the change has been posted. CONTINUED USE OF THIS SITE AFTER THE CHANGE HAS BEEN POSTED AFFIRMS YOUR ACCEPTANCE OF SUCH CHANGES. IF ANY SUCH CHANGE IS UNACCEPTABLE, DO NOT CONTINUE TO ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. Password Restricted Areas of this Site While the Terms of this TOU applies to all users of the Site, regardless of registration status, in order to access and use functions within restricted sections of the Site, You will need to create an account as a registered user with a username and password. If You are a registered user, You agree to assume all responsibility for maintaining the confidentiality of Your password and account, and agree to notify Service Provider if Your Password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your account. If You become aware of any unauthorized use of Your account or any other breach of security in relation to this Site, You agree to immediately notify Service Provider. Content of Site and Grant of License This Site contains content, information, and services, including, but not limited to: text; documents; graphic, video and/or audio reproductions; logos; and icons, as well as the site design, and the arrangement and look and feel of the Site (individually and/or collectively “Materials”). The Materials are provided by You and/or authorized third-party contributors in order to offer products and services through this Site. Service Provider grants You a limited, personal, non-exclusive and non-transferable license to use the services of this Site solely for You to display the Materials for Your business. Except for the license stated above, You acknowledge and agree that You have no other right to use or otherwise exploit the Site or any of the Materials provided by third parties in any manner, unless You have received written permission from Service Provider or the third party. Materials provided by You for the Site may be, in each case, proprietary to You or a third-party from which you received appropriate permissions and protected under applicable trade secret, patent, copyright and/or trademark laws. You agree, represent and warrant that You will use third party Materials only to the extent consistent with Your license for the use of those Materials. Service Provider may, but is not required to, review, modify, or edit the Material provided by You. Service Provider does not assume any responsibility or liability for any information, content, communications or materials provided by You or other advertisers or third parties. Absent express language to the contrary, Service Provider does not intend the Materials contained on the Site to be referrals to, or endorsements of, the Materials, and You should not create the impression otherwise without express written permission from Service Provider. SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, AS TO THE ACCURACY, VALIDITY, AND LEGALITY OR OTHERWISE OF ANY MATERIALS OR INFORMATION CONTAINED ON SUCH SITES. Service Provider Proprietary Rights “StartRenting.com” is a trademark of Service Provider. Unless otherwise specified herein, all trademarks, text, pictures, layout, software and source code contained in the Site are proprietary to and the sole property of Service Provider under applicable trade secret, patent, copyright and/or trademark laws. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, You agree that, without the express written consent of Service Provider, You will not reproduce, distribute, alter, edit, modify, enhance, retransmit, publish, disassemble, decompile, reverse engineer, otherwise discover the underlying technology in or create derivative works of the Site, software or source code beyond the scope of the license granted under this TOU. You acknowledge that You have no right, title or interest in or to any Materials not provided by You, software or source code in this Site. Copyright Policy and Copyright Agent Service Provider respects the intellectual property rights of others. If You believe something on this Site has infringed upon Your intellectual property rights, please notify Service Provider at the following: Start Renting 102 North Franklin St. Madison, WI 53703 (608) 257-4990 In that notice, you must provide the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the material claimed to have been infringed. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. (iv) Address, telephone number, and, if available, an electronic mail address where we may contact You. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Unauthorized Activities You agree that You will not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree that You will not disclose personal or identifying information about another person without that person’s consent. You agree that You will not provide false or misleading information about Yourself in connection with the offer or acceptance of any service or product made available through the Site. If you are not an individual, You represent and warrant that You are duly incorporated or formed, as they case may be, validly existing and in good standing under the laws of its jurisdiction of incorporation. You represent and warrant that the execution, delivery and performance by You of this TOU are within Your powers, have been duly authorized to enter into this TOU and by doing so, You do not contravene or violate any applicable law. You agree that You will not use any third party content contained on this Site beyond the license granted under this TOU and that any such use may violate certain laws and regulations. Termination of License and Survival of Terms The limited license granted under this TOU terminates automatically, without notice to You if You breach any of its Terms. In addition, Service Provider may terminate the license at any time, for any reason at its sole discretion. You accept that even when the license is terminated, You will continue to be governed by the provisions relating to Service Provider’s Proprietary Rights, Indemnification, Disclaimer of Warranties, Limitation of Liability, Reporting and Sole Remedy for Offensive Content, and Miscellaneous Provisions. Indemnification You agree to indemnify and hold Service Provider and its officers, directors, employees, affiliates, successors, agents, licensors, and business partners harmless from any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) arising from, or defending against, any claim or demand from a third party that Your provision or use of Materials, Your use of this Site or the use of this Site by any person using Your Username and/or Password (including without limitation, Your participation in the posting areas or Your Submissions) violates any applicable law or regulation, or the intellectual property rights or other rights of any third party. Disclaimer of Warranties YOU ACCEPT THAT YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. NEITHER THE MATERIALS NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY SERVICE PROVIDER, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. SERVICE PROVIDER DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. SERVICE PROVIDER HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY SERVICE PROVIDER OR OUR LICENSORS. THE MATERIALS AND THE THIRD PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. SERVICE PROVIDER DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE. YOU ACCEPT THAT SERVICE PROVIDER, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ACCEPT THAT SERVICE PROVIDER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. Limitation of Liability YOU ACCEPT THAT SERVICE PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR OR OTHERS DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SERVICE PROVIDER KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. Reporting and Sole Remedy for Offensive Content YOU MAY REPORT ANY OFFENDING MATERIAL OR THIRD PARTY CONTENT TO SERVICE PROVIDER. SERVICE PROVIDER HAS THE RIGHT, BUT NOT THE OBLIGATION, AT ITS SOLE DISCRETION TO REMOVE REPORTED MATERIAL OR THIRD PARTY CONTENT FROM THE SITE. YOU AGREE THAT YOUR SOLE REMEDY AGAINST SERVICE PROVIDER WITH RESPECT TO ANY HARMFUL, OFFENSIVE, INACCURATE, MISLEADING OR OTHERWISE OBJECTIONABLE MATERIAL OR THIRD PARTY CONTENT IS TO CEASE USING AND ACCESSING THE SITE. Local Laws; Export Control Service Provider controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If You use this Site outside the United States of America, You are responsible for following applicable local laws. Jurisdiction The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to You, You are not authorized to access or use any of the information on this Site. Service Provider makes no representation that the information, opinions, advice or other content on the Site is appropriate or that its products and services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You agree that Wisconsin law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this TOU. Any disputes relating to these Terms or this Site will be heard in the courts located in Madison, Wisconsin. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Service Provider’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between You and Service Provider and supersede all prior or contemporaneous negotiations, discussions or agreements between You and Service Provider about this Site. Modification of the terms and conditions of Agreements and TOU Service Provider may change the Terms, content and/or services offered on this Site upon 30 days notice and at Service Provider’s sole discretion by posting the change on the Site. Service Provider will post a notice of the change on the Site and will send an e-mail notice of the change to You. You also agree to keep apprised of any such changes to the Terms, content and/or services offered on this Site. Any such change is effective upon thirty days notice of the change. CONTINUED USE OF THIS SITE AFTER THE THIRTY DAYS NOTICE AFFIRMS YOUR ACCEPTANCE OF SUCH CHANGES. IF ANY SUCH CHANGE IS UNACCEPTABLE, YOU SHALL TERMINATE YOUR ADVERTISING AND REMOVE YOUR MATERIALS PURSUANT TO THE TERMS OF THIS TOU. Survival of Terms upon Termination You accept that even when this TOU is terminated, You will continue to be governed by the provisions relating to Intellectual Property, Indemnification, Disclaimer of Warranties, Limitation of Liability and General Provisions. Fair Housing Compliance You will comply with federal and state fair housing laws. Stating a discriminatory preference in a housing advertisement is illegal and prohibited. Service Provider will block and delete such advertisements when they are found or reported. Privacy Policy This Privacy Policy (“Policy”) explains how Service Provider collects, uses and protects confidential information (“Confidential Information”) of its advertisers or of data Service Provider collects on Your behalf. Service Provider may use small text files called cookies to collect information about uses of the Site, including Your activities in connection with Your advertisements and account. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit Service Provider to personally identify You. In order to use the Site, Service Provider may require You to permit the transfer of a cookie to Your hard drive. Service Provider may collect information on visitors to Your advertisement and use such information to confirm that a property is eligible as a Reported Lease. The Site may track the total number of visitors to the Site, the number of visitors to each page of the Site, the browser type, and IP addresses, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only. We may use such aggregate information to analyze trends, administer the Site, track users' movement, and gather broad demographic information for aggregate use. Service Provider may provide Your Confidential Information, the data generated by cookies and the aggregate information to the vendors and service agencies that are engaged to assist Service Provider in providing Services to You. Such third party entities may be obligated to use Your Confidential Information solely to assist Service Provider in providing Services to You. Service Provider will disclose Your Confidential Information if Service Provider reasonably believes Service Provider is required to do so by law, regulation or in cooperation with any governmental investigation. In such an instance, Service Provider will notify You and provide You with an opportunity to oppose disclosure of Your Confidential Information. Service Provider will not sell Your Confidential Information to any company or organization except Service Provider may transfer Your Confidential Information to a successor entity upon a merger, consolidation or other corporate reorganization in which Service Provider participates or to a purchaser of all or substantially all of Service Provider’s assets to which this Site relates. Fees The following fees are currently in effect as of November 1st, 2013, and may be modified upon 30 days notice by posting on this page. The fees will be automatically deducted on a reoccurring basis from the account information You provide unless and until You provide 30 days written notice. Property Owner or Management Company Advertiser Standard Featured Property - $0/month period Package 1 - $4.99/month period • Extended Description Package 2 - $14.99/month period • 1 Photo • 1 Logo • More Photos/Floor Plans • Extended Description Package 3 - $24.99/month period • Website Url • Virtual Tour Url • 1 Photo • 1 Logo • More Photos/Floor Plans • Extended Description The fees are to be paid via Paypal.com (“Payment Website”). YOU ACCEPT THAT YOUR USE OF THE PAYMENT WEBSITE FOR PAYMENT IS AT YOUR OWN RISK. YOU ACCEPT THAT SERVICE PROVIDER MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE PAYMENT WEBSITE. YOU ACCEPT THAT SERVICE PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE PAYMENT SITE. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SERVICE PROVIDER KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. ANY CLAIMS YOU MAY HAVE MUST BE ADDRESSED TO THE PAYMENT WEBSITE. Contact Information You may report any questions or concerns by contacting Service Provider at (608) 257-4990. You agree that Service Provider shall have sole discretion to determine whether further remedial action is warranted. 4819-0574-8757, v. 1
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