Terms, Conditions, Conduct and Privacy Policy

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Terms and Conditions of Use
Last updated: May 15, 2006

Welcome to rentworx.com! rentworx.com provides members (property managers, owners and tenants) an easy way to manage and advertise their rental properties. However, before you enter the rentworx® site (the "Site") or use any of the rentworx® services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. We suggest that you periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Automated Rental Solutions, Inc. (the Owner of this site) that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at admin@rentworx.com. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to access the Site or use the Service.

I. Terms of Membership

rentworx.com membership (referred to as "Membership") is available to you if you are at least 18 years of age and you submit certain requested information to rentworx.com, including (but not limited to) your name, your phone number and your correct email address. In addition, by becoming a Member, you agree to provide rentworx.com with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests).

Before you can use the Service for managing and advertising your rental properties, we will ask you to fill out an online registration form. This will allow us to create the appropriate account for you. In addition to your personal account, property manangers will have a company record created on our system.

II. Member Conduct

We are committed to ensuring that our Service remains an easy and secure place to store your rental listings. Members are encouraged to use the Service to post vacant rental properties. To this end, we require that every user of the Service, whether or not such user is a Member, agrees not to use this Service to post, upload, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:

  1. Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
  2. Copyrighted material that is used without the express permission of the owner.
  3. Content that violates or encroaches on the rights of others.
  4. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the rentworx® Service.
  5. Content that advocates illegal activity.
  6. Content that harms minors in any way.
  7. Any links to the above.

rentworx.com has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although rentworx.com does not and will not examine and review all Content submitted or transmitted to the Service, rentworx.com has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any Content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that Automated Rental Solutions in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall Automated Rental Solutions, Inc. (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.

III. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the service, or access to the Service for any commercial purposes.

IV. Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

V. Copyright

What You License to Automated Rental Solutions, Inc.
When you join our Service, you become a participant in an online community of people who manage or seek rental real estate. In order for us to make your rental properties available to you, your owners and tenants, we need the rights to make use of all Content on the Service (in accordance with and subject to these Terms, of course). Accordingly, as a condition to your Membership, you hereby grant rentworx.com and Automated Rental Solutions, Inc. a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service, and as a condition to Membership, you represent and warrant to Automated Rental Solutions that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content.

Copyright Protection for Content on the Service
All the information, Content, image files, software and materials offered by our Service are protected by U.S. and international copyright laws and by other applicable laws. You understand that Automated Rental Solutions, Inc. is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Automated Rental Solutions, Inc. has the absolute right to terminate your membership or exclude you from the Site if you use our Service to violate the intellectual property rights of third parties.

VI. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AUTOMATED RENTAL SOLUTIONS, INC., (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.

VII. Limited Warranty

(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. AUTOMATED RENTAL SOLUTIONS, INC. WARRANTS ONLY THAT ANY PAPER DOCUMENTATION PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION.

(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AUTOMATED RENTAL SOLUTIONS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AUTOMATED RENTAL SOLUTIONS, INC. MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. AUTOMATED RENTAL SOLUTIONS, INC. MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE RENTWORX SITE OR THAT ARE ADVERTISED ON THE RENTWORX SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

VIII. LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, AUTOMATED RENTAL SOLUTIONS, INC. WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

IX. Termination

You agree and acknowledge that Automated Rental Solutions, Inc., in its sole discretion, may terminate your Membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:

  1. Conduct violating these Terms or other policies or guidelines set forth by Automated Rental Solutions, Inc. elsewhere on the Site;
  2. Conduct that Automated Rental Solutions, Inc. believes is harmful to other users of this site, the business of Automated Rental Solutions, Inc., or other third party information providers;
  3. Conduct that violates the letter or spirit of these Terms.

Further, you agree that Automated Rental Solutions, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.

X. Modification of Terms

You agree that Automated Rental Solutions reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Automated Rental Solutions shall be prospective only.

XI. This Entire Agreement

These Terms constitute the entire agreement between you and Automated Rental Solutions and govern your use of the Service, superseding any prior agreements between you and Automated Rental Solutions. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of Automated Rental Solutions, Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within 60 days after such claim or cause of action arose or be forever barred.